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Mombasa Court Jails Six 


Senior resident magistrate Martin Rabera found Muktar Abey, Abdulhalim Sadik, Adonai Berhane, Sumeiya Jamaa, Farhiya Ali, and Ali Fundi guilty of committing the crime.

Six people were sentenced to four months in prison by a Mombasa court after they pleaded guilty of smoking banned shisha.

The accused were among 10 people charged with illegally smoking shisha in a restaurant in Sparki area, Mombasa county.

They pleaded guilty to the charges.

However, the other four accused persons who denied the charges were released on Sh50,000 bond.

According to the prosecution, police officers from Makupa police station received information of people smoking shisha while patrolling the area on Monday night.

Upon storming the area, they found the accused persons smoking despite having knowledge that it was banned.

They were arrested and arraigned.

Former Health CS Cleopas Mailu in December last year banned smoking and importation of Shisha terming it a health hazard.

Mailu said the water-piped tobacco is harmful not only to smokers but also non-smokers.

He added that it affects vital organs including the brain, lungs, and leads to the blockage of arteries and can cause tuberculosis.

Early this year, justice Roseline Aburili declined to lift the ban pending the hearing and determination of a matter objecting the same.

The judge said even though the applicants have an arguable case, it doesn’t automatically mean their case will be successful.

She said lifting the ban at this stage would be a wrong move and not in the interest of the public.

The judge was of the view that should the court rule in favour of the applicants after the full hearing, it will not be impossible to revert to the initial status.

Justice Aburili said she had considered the CSs’ argument that the decision was based on the greater public interest.


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