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BY KORIR JUMA,NAIROBI,15TH JAN 2018-The High Court has ruled that a ban imposed on the use and sale of Shisha will stay until the case filed at the court challenging the move by Health CS Cleopa Mailu is heard and determined.
While ruling on the matter on Monday,Judge Roselyn Aburili declined to suspend the directive until the matter is fully heard and will give all parties an opportunity to lay out their case.
The judge was not convinced that a stay order would be necessary at this stage of the case.
According to Justice Aburili, if the court grants the prayers of the shisha traders, any losses that might be incurred due to loss of business and employment can be compensated.
In the case, 15 businessmen are in court to contest the ban on the importation, promotion and the use of shisha in Kenya.
The aggrieved petitioners have faulted Mailu’s directive accusing him of failing to consult them or involve the public before reaching the decision.
The case is set to be mentioned on Monday next week when further directions shall be given.