About the discrepancies between local smoke-free regulations and the new Tobacco Control Act.
Business Daily (Nairobi)
State moves to quash councils’ anti-tobacco laws - Business Daily Africa
October 27, 2008
Allan Odhiambo
[Photo cutline]: To stem the adverse effects of the anti-smoking laws, local authorities have been forced to build special smoking sheds.
Attempts by local authorities to flex their muscles in the anti-tobacco campaign may soon run out of steam as the central Government once again overruled the provisions of some by-laws created by the councils to help fight smoking in public places.
Since last year, several councils including Nairobi and Mombasa have drafted by-laws that bars smoking in public places. Driven by a similar urge to curb smoking, the Government in its part made into law the Tobacco Control Act 2007.
This parallel sets of legislation however pose an instant problem with local authorities sticking to the provisions of their by-laws to push for the campaign while other law enforcement agencies turned to the Act for guidance.
And now the Local Government ministry has issued a fresh warning against any actions that would be taken against smokers outside the provision of the Tobacco Control Act.
“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,” Local Government permanent secretary Sammy Kirui said.
According the Local Government Act, a public place may include any road, street, thoroughfare, foot - path, pavement, side-walk, lane, square, open space garden, park or enclosed space vested in a local authority.
The Tobacco Act on the other hand defines a public place as any indoor, enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a work place and public conveyance.
Hotels, restaurants, bars, schools, hospitals, court buildings, ferries, trains and any other form of public transport are covered under this Act.
The effect of this clash has been constant harassment of members of the public by council officials who maintained reliance on the their by-laws. Scores are arrested each day by council officers and made to pay fines for smoking in public.
“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 official said in a statement.
The development comes as a major score for local cigarette manufacturers who had voiced concerns over the council by-laws that were punitive to some of their customers.
A key requirement by the new Tobacco Control Act is that cigarettes be sold in packets of not less than 10 sticks to make access to the commodity difficult.
The packages would also be required to have bolder cautionary messages on the dangers of tobacco smoking.
The Act also bars the promotion of the commodity and smoking in public places, a development many analysts said could affect the outlook of tobacco firms.
The Tobacco Control Act that came into effect on July 8, 2008 is largely informed by a global resolve to fight the health effects of tobacco smoke under the guidance of the World Health Organisation (WHO).
Estimates by the Health ministry showed that the Kenya Government spends about Sh7.5 billion annually to treat tobacco -related illnesses each year.
Last year, the 146 parties to the WHO Convention on Tobacco Control (WHO FCTC) unanimously voted to initiate a protocol on illicit trade of tobacco products and adopt guidelines that stipulate 100 per cent smoke-free public places and work places.
The WHO FCTC was developed in response to the globalisation of tobacco health problems.
Complex factors
The spread of the tobacco epidemic is facilitated through a variety of complex factors with cross-border effects, including trade liberalization and direct foreign investment.
Other factors such as global marketing, trans-national tobacco advertising, promotion and sponsorship, and the international movement of contraband and counterfeit cigarettes have also contributed to the increase in tobacco use.
Local manufacturers, British American Tobacco (BAT) Kenya and Mastermind Tobacco are currently implementing various strategies to conform with the new law.
BAT Kenya has opted to introduce smaller packets of cigarettes as part of a Sh100 million strategy to comply with the new provisions. The special packets each containing 10 sticks are sold alongside the usual 20-stick packets.
Source: Business Daily Africa
October 27, 2008
Allan Odhiambo
[Photo cutline]: To stem the adverse effects of the anti-smoking laws, local authorities have been forced to build special smoking sheds.
Attempts by local authorities to flex their muscles in the anti-tobacco campaign may soon run out of steam as the central Government once again overruled the provisions of some by-laws created by the councils to help fight smoking in public places.
Since last year, several councils including Nairobi and Mombasa have drafted by-laws that bars smoking in public places. Driven by a similar urge to curb smoking, the Government in its part made into law the Tobacco Control Act 2007.
This parallel sets of legislation however pose an instant problem with local authorities sticking to the provisions of their by-laws to push for the campaign while other law enforcement agencies turned to the Act for guidance.
And now the Local Government ministry has issued a fresh warning against any actions that would be taken against smokers outside the provision of the Tobacco Control Act.
“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,” Local Government permanent secretary Sammy Kirui said.
According the Local Government Act, a public place may include any road, street, thoroughfare, foot - path, pavement, side-walk, lane, square, open space garden, park or enclosed space vested in a local authority.
The Tobacco Act on the other hand defines a public place as any indoor, enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a work place and public conveyance.
Hotels, restaurants, bars, schools, hospitals, court buildings, ferries, trains and any other form of public transport are covered under this Act.
The effect of this clash has been constant harassment of members of the public by council officials who maintained reliance on the their by-laws. Scores are arrested each day by council officers and made to pay fines for smoking in public.
“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 official said in a statement.
The development comes as a major score for local cigarette manufacturers who had voiced concerns over the council by-laws that were punitive to some of their customers.
A key requirement by the new Tobacco Control Act is that cigarettes be sold in packets of not less than 10 sticks to make access to the commodity difficult.
The packages would also be required to have bolder cautionary messages on the dangers of tobacco smoking.
The Act also bars the promotion of the commodity and smoking in public places, a development many analysts said could affect the outlook of tobacco firms.
The Tobacco Control Act that came into effect on July 8, 2008 is largely informed by a global resolve to fight the health effects of tobacco smoke under the guidance of the World Health Organisation (WHO).
Estimates by the Health ministry showed that the Kenya Government spends about Sh7.5 billion annually to treat tobacco -related illnesses each year.
Last year, the 146 parties to the WHO Convention on Tobacco Control (WHO FCTC) unanimously voted to initiate a protocol on illicit trade of tobacco products and adopt guidelines that stipulate 100 per cent smoke-free public places and work places.
The WHO FCTC was developed in response to the globalisation of tobacco health problems.
Complex factors
The spread of the tobacco epidemic is facilitated through a variety of complex factors with cross-border effects, including trade liberalization and direct foreign investment.
Other factors such as global marketing, trans-national tobacco advertising, promotion and sponsorship, and the international movement of contraband and counterfeit cigarettes have also contributed to the increase in tobacco use.
Local manufacturers, British American Tobacco (BAT) Kenya and Mastermind Tobacco are currently implementing various strategies to conform with the new law.
BAT Kenya has opted to introduce smaller packets of cigarettes as part of a Sh100 million strategy to comply with the new provisions. The special packets each containing 10 sticks are sold alongside the usual 20-stick packets.
Source: Business Daily Africa
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