Tobacco Control Laws

Introduction

Kenya became a Party to the WHO Framework Convention on Tobacco Control on June 25, 2004.

Smoke Free Places: In Kenya, smoking is prohibited in public places and workplaces except in specially designated smoking areas. It is unclear whether smoking is prohibited in most means of public transport, including trains, buses, taxis, and aircraft. Smoking is allowed in public transportation facilities, such as train and bus stations, in specially designated areas.  

Tobacco Advertising, Promotion and Sponsorship: The law prohibits virtually all forms of advertising, promotion and sponsorship of tobacco products. Although financial contributions by the tobacco industry is restricted but not banned, the publicity of any financial contributions is prohibited.

Tobacco Packaging and Labeling: Health warnings must cover 30 percent of the front and 50 percent of the back of the package and must be displayed in English and Kiswahili languages.  Currently, text warnings only are required although the Ministry of Health may issue pictorial warning requirements.

Roadmap of Tobacco Control Legislation: The Tobacco Control Act, 2007 is the principal law governing tobacco control in Kenya.  This comprehensive law defines keys terms and covers topics including, but not limited to, restrictions on public smoking; tobacco advertising, promotion and sponsorship; and packaging and labeling of tobacco products.  Other topics addressed by the law include: public education and information campaigns; sales to minors; and enforcement of the law.   The Tobacco Control Act, 2007 grants powers, including implementation and enforcement authority, to individuals appointed under the Public Health Act.  The Traffic Act provides a definition of “public service vehicle,” incorporated by the Tobacco Control Act with regards to smoke free provisions.

Review Status

This country’s legal measures were collaboratively reviewed by an in-country lawyer and our legal staff.