Anti-tobacco laws

Published on November 4, 2008 6:57 AM

One year ago several councils including Mombasa and Nairobi have drafted by-laws that bars smoking in public areas. Driven by a similar urge to cease smoking, the Government in its part made into law the Tobacco Control Act 2007. The legislation poses an instant problem with local authorities.

Now the Local Government ministry has issued a fresh warning against any actions that would be taken against people who smoke outside the provision of the Tobacco Control Act.

Local Government permanent secretary Sammy Kirui said: “The Tobacco Act supersedes the Local Authority Act and by-laws that is inconsistent with it is null and void in the extent of inconsistent.”

According the Local Government Act, a public area may include any street, thoroughfare, road, footpath, pavement, side-walk, square, open space garden, lane, park or enclosed space vested in a local authority. Hotels, bars, schools, hospitals, court buildings, ferries, restaurants, trains and any other form of public transport are covered under this Act.

The official said: “We hope this clarification will put to rest claims of harassment of the members of the public arising from the enforcement of such by-laws ... The definition of the Tobacco Act excludes smoking outdoors including any public street contrary to some of the by-laws that have been promulgated by some local authorities.”

The main requirement by the new Tobacco Control Act is that cigarettes be sold in packets of not less than 10 sticks.

The Tobacco Control Act came into effect on July 8, 2008.

Global marketing, sponsorship and promotion, trans-national tobacco advertising, and the international movement of contraband and counterfeit cigarettes have also contributed to the increase in tobacco use.

Local manufacturers, Mastermind Tobacco and British American Tobacco (BAT) Kenya are currently implementing various strategies to conform the new law. BAT Kenya has opted to introduce smaller packs of cigarettes as part of a Sh100 million strategy to comply with the new provisions. The special packs each containing 10 sticks are sold alongside the usual 20-stick packs.