By CAROLE MAINA
“Justice Roseline Aburili said lifting the ban at this stage would be a wrong move and not in the interest of the public.”
The decision by Health CS Cleopa Mailu to ban smoking and importation of Shisha will remain in force until two suits challenging the action are resolved.
Justice Roseline Aburili on Monday declined yet again to suspend the ban saying there is a “lesser risk” in maintaining the ban for now.
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.
“I find and hold the lesser risk at this stage is to decline to issue any orders but direct the parties to argue the main petition before any orders are given.”
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.
Mailu, in support of the ministry’s ban, said the water-piped tobacco is harmful not only to smokers, but non-smokers.
He added that it affects vital organs including the brain, lungs, and leads to the blockage of arteries and can cause tuberculosis.
The judge said if the businessmen wins the case, the loss to their business will be easily compensated.
Source: The Star
