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Kenya: Smoking Law Finally Takes Effect Today
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The Nation (Nairobi)
8 July 2008
Posted to the web 8 July 2008
Mike Mwaniki
Nairobi
Smokers beware - puffing away in public will be illegal from Tuesday.
An ashtray. Recent research indicates that seven out of 10 smokers start the habit when they are teenagers. Photo/FILE
And as if that is not enough, smokers will only be allowed to buy a minimum of 10 cigarettes in a packet whereas retailers will commit an offence if they sell cigarettes to children under the age of 18.
The order comes into force with the Tobacco Control Act.
And offenders flouting the sweeping ban will be liable to harsh penalties, including fines ranging from Sh50,000 to Sh3 million and/or imprisonment for a term ranging from six months to three years.
Restricted places
The Act, which was passed by Parliament in August last year, aims at protecting the public from the hazardous effects of tobacco and its products, Public Health and Sanitation minister Beth Mugo said Monday.
At home, parents and guardians have been asked to safeguard the health of their children by not smoking in their presence. It will also be an offence to send tobacco products by mail.
Effective Tuesday, smoking is now prohibited in all public places such as offices and workplaces, court and public buildings, factories, cinema halls, theatres, video houses, disco halls, hospitals and other health institutions.
Other restricted public places are restaurants, hotels, bars, markets, children's homes, residential houses, places of worship, police stations, public transport terminals, stadiums, airports, commuter boats, trains, ferries or any other public conveyance places.
"However, owners or managers of prohibited smoking areas such as hotels and bars will be allowed to set aside designated smoking zones within their premises," Mrs Mugo, who was accompanied by permanent secretary James Nyikal said.
The Act outlaws the manufacture or sale of objects, including sweets, snacks or toys that resemble tobacco products or would reasonably appeal to children under the age of 18 years.
Also outlawed is the promotion of tobacco products through testimonials, advertisements, trade fairs, promoting or sponsoring sporting, cultural or entertainment programmes.
The Act also prohibits the manufacture, distribution or sale of accessories such as lighters that display a tobacco product-related brand name or the name of the manufacturer as well as display of tobacco brand elements on umbrellas, bags and clothing, among others.
Speaking in Nairobi, Dr Nyikal warned that more than one million Kenyan minors could be smoking their way to an early death.
They were addicted to tobacco and unless the Government acts in time, the country would lose many of them to tobacco-related illnesses before they reach 40 years. Dr Nyikal said: "It is a pity that 13 per cent of primary school pupils are smokers."
Recent research findings show that seven out of every 10 smokers start the habit when they are teenagers, implying that if they smoked for more than 20 years, they would die 20 to 25 years earlier than non-smokers. Dr Nyikal said that it was sad that 8.4 million Kenyan men and women - 26 per cent of the population - are addicted to tobacco.
Last year for example, Kenyans smoked 7 billion cigarettes, which cost them Sh21 billion.
"During the period, the Kenya Revenue Authority received Sh4.7 billion as tax from cigarette manufacturers, while Kenyans spent Sh18 billion in the treatment of tobacco-related illnesses in various private, mission and public health facilities," Dr Nyikal said.
Second-hand smoke
According to a recent poll, the majority of the more 2,000 respondents supported three key areas to assist in reducing smoking.
These are smoke-free public places and work places, strong and visible warnings on tobacco products and a comprehensive advertising ban covering all tobacco products.
Ninety five per cent of the respondents supported the prohibition of smoking in enclosed public places and work places, while 81 per cent believe breathing second-hand smoke is "very" harmful to their health.
"Ninety four per cent of the respondents said they supported strong and visible warning messages about the harmful health effects caused by tobacco products and advertisements, while 91 per cent said they are concerned about tobacco use by young people in the country."
According to experts, about 12,000 people died prematurely each year from illnesses related to tobacco use and exposure in Kenya.
Research shows that "for every smoker who dies, another life of a passive smoker was also lost". "This is because there are over 4,000 harmful chemicals found in cigarette smoke," Dr Nyikal said.
The World Health Organisation, which is championing an international campaign against tobacco use, says that about 700 million children, about half of the world's total, breathe air polluted by tobacco smoke, particularly in the home.
The UN agency says that tobacco is the leading cause of preventable deaths worldwide.
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Currently, 4.9 million people die globally as a result of tobacco use.
How can a residential house be classified as a 'restricted public place'???
i would like to know if i smoke inside my car while im driving within town is that a breach of the law .
i would like to know if i smoke inside my car while im driving within town is that a breach of the law .
Why isn't there a ban on burning garbage in the streets, that seems as dangerous and effects many more people than cigarettes. Burning plastic is extremely dangerous and children and babies have no choice but to breath in the smoke as they pass.
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