The investors in the Shisha industry are gnashing their teeth after a court declined to lift a ban the Ministry of Health imposed on the importation and use of the substance in Kenya.

They had sought a temporary stay at the high court which has since been rejected pending the main hearing and determination of the case they filed to oppose the ban.

Watch this video:

The government has vehemently opposed the case on grounds that the greater public should not suffer death at the expense of commercial gain.

Click the link below:

Kenya Shisha ban: State fires first salvo in round one court tussle

It has sensationally linked Shisha smoking to diseases and low libido in men and sterility in women.

Laced with heroin

But what drew blood was the claim that Shisha is now being laced with heroin as traces of opiates were found in Shisha residues collected in and around Nairobi.

Further, the state says the business is illegal and it has not been licensed by any regulatory authority.

Tanzania, Rwanda, Saudi Arabia, Uganda and Philippines are among countries that have since banned Shisha smoking due to health reasons.

The investors say there has been selective application of the law regarding the ban and no stakeholder engagement leading to a virtual collapse of a multi billion shillings worth sector,having invested heavily in Shisha smoking equipment.

They will be relying on their written submissions to fight the ban, to be filed in court in two days before a final determination is made.

Ultimate loss

A judge encouraged them to pursue that case stating that a denial of a stay order at this preliminary stage does not necessarily translate into an ultimate loss.

Justice Roslyn Aburili stated that in case a finding is made that the CS violated their rights, then they were entitled to peruse compensation for loss of business at most or resume their businesses at the least.