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Term --FCTC-Based Definition Kenya
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of "workplace" contained in the law aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines in that it includes all areas of the workplace, including common areas. However, the definition could be clarified by explicitly stating that the definition applies regardless of whether work is done for compensation or on a voluntary basis.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “public service vehicle” aligns with the definition of “public transport” contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Defined
Yes
Analysis

The definition of "second hand smoke" contained in the law aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” incorporates the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “public place” aligns with the FCTC definition in that it encompasses places open to the general public. However, the laws definition encompasses only indoor, enclosed, or partially enclosed places. To more closely align with the FCTC Art. 8 Guidelines, the law should address “public place” and “enclosed” as separate concepts and terms.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component. It is also broader in that it includes cigarettes papers, tubes, and filters.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of "partially covered" contained in the law aligns with the definition of "indoor or enclosed" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Kenya
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law permits smoking in the workplace in “specially designated smoking areas.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all indoor workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(1) of the Tobacco Control Act prohibits smoking in public places (which are, by definition, indoor places). However, Sec. 33(2) gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. Despite the phrase in subsection 2 – “without prejudice to the generality of subsection 1” – subsection 2 effectively negates the general prohibition in subsection 1 by permitting smoking in designated smoking areas in a very extensive list of public places.

To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all indoor public places to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law allows designated smoking areas in some public transport vehicles. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all means of public transport are 100% smoke free.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes many specific types of government facilities - such as court buildings, police stations, health institutions, and transport facilities. The list also includes the general categories of “public buildings” and “workplaces,” which encompasses government building and workplaces. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all government facilities to be 100% smoke free.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of places in which smoking is permitted in specially designated areas. The list includes offices and workplaces. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all indoor private offices and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “hospitals, clinics and other health institutions.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require hospitals to be 100% smoke free.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “hospitals, clinics and other health institutions.” As defined in Sec. 2 of the Tobacco Control Act, other “health institutions” would encompass residential healthcare facilities. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of residential healthcare facilities to be 100% smoke free.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “hospitals, clinics and other health institutions,” which encompasses non-residential healthcare facilities. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all non-residential healthcare facilities to be 100% smoke free.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “children’s homes,” “residential houses and other such premises where children are cared for,” and "education facilities." Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require childcare facilities and preschools to be 100% smoke free.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “education facilities.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require primary and secondary schools to be 100% smoke free.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “education facilities.” Although “education facilities” is not defined, this phrase is interpreted to include universities and vocational facilities. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require universities and vocational facilities to be 100% smoke free.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “markets, shopping malls and retail and wholesale establishments.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require shops to be 100% smoke free.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “cinema halls, theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities. . . .” The list also includes “public buildings,” which encompasses non-performance space cultural facilities such as museums, exhibition halls and libraries. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require cultural facilities to be 100% smoke free.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “stadia, sports and recreational facilities.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require indoor stadiums and arenas to be 100% smoke free.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “restaurants, hotels, bars or other eating place.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec.18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require restaurants to be 100% smoke free.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “restaurants, hotels, bars or other eating place.” The list also includes “disco halls and other entertainment facilities,” which would include nightclubs. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require bars, pubs, and nightclubs to be 100% smoke free.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. Casinos are not specifically listed. However, the list includes “cinema halls, theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities at any time during which it is open to the public.” “Other entertainment facilities” is interpreted to include casinos. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require casinos to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes hotels. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of hotels and other lodging to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated smoking areas. The list specifically includes “hotels.” Guest rooms, however, are not specifically addressed by the law. Therefore, it is uncertain whether guest rooms are included in the list of places where designated smoking areas are permitted. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require hotel guest rooms to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “prisons” and “police stations and cells.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of prisons and detention facilities to be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “trains, passenger vehicles . . . and other public conveyance” and “public service vehicles.” However, it would be impossible to set aside specially designated smoking areas in such ground transportation in a manner that meets the criteria of Sec. 35 (ventilated to the outside and air does not drift to other areas, in which non-smoking people do not have to enter while smoking is occurring, and enclosed from floor to roof with a door). Thus, inclusion of ground transportation in the Sec. 33(2) list lends uncertainty to this area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “public service vehicles.” Public service vehicles, as defined by the Traffic Act, include taxis and other for-hire vehicles. However, it would be impossible for taxis to set aside specially designated smoking areas that meet the criteria of Sec. 35 (ventilated to the outside and air does not drift to other areas, and enclosed from floor to roof with a door). Thus, inclusion of public service vehicles in the Sec. 33(2) list lends uncertainty to this area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should clearly prohibit smoking on all means of shared ground transportation, including taxis.

Not Applicable
Not Applicable
Commercial aircraft
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “aircrafts.” However, it would be impossible for aircraft to set aside specially designated smoking areas that meet the criteria of Sec. 35 (ventilated to the outside and air does not drift to other areas, and enclosed from floor to roof with a door, and others do not have to enter while smoking is occurring). Thus, inclusion of aircraft in the Sec. 33(2) list lends uncertainty to this area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable laws should consistently prohibit smoking on all means of public transportation, including aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “passenger ships, commuter boats . . . ferries or other public conveyance.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable laws should consistently prohibit smoking on all means of public transportation, including watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “railway stations, airports, air fields, ports and other public transport terminals.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
Kenya
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Kenya
Post signs
Yes
Yes
Analysis

Section 34 of the Tobacco Control Act requires the manager/owner of the premises to display a sign in English and Kiswahili stating that smoking is prohibited and the penalty for violation. Section 16 of the Tobacco Control Regulations sets out the required content and format of signs.

Pursuant to Tobacco Control Act, Sec. 34, a manager or owner who fails to display a no smoking sign is subject to a fine “not exceeding one hundred and fifty thousand shillings, or to imprisonment for a term not exceeding six months, or both.” Any violation of the regulations, including not complying with the form and content of the signs, is subject to “a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The Tobacco Control Regulations require managers or owners of a place where smoking is prohibited to remove ashtrays and other accessories used to consume tobacco products. Pursuant to Sec. 45 of the Tobacco Control Regulations, violations of this provision are subject to a fine “not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding three years.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the requirement to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

Section 34 of the Tobacco Control Act states that the manager or owner of the premises “may order” a smoker to cease smoking in the premises, and “may require” a person who refuses to comply to leave the premises.

However, Sec. 17(c) of the Tobacco Control Regulations imposes a duty. The Regulations clarify that an owner or manager of a place where smoking is prohibited “shall” take steps to discourage individuals from smoking in the premises including requiring a person to stop smoking, discontinuing service, requiring a person to leave, and contacting authorities. Pursuant to the Tobacco Control Act, Sec. 54, and Tobacco Control Regulations, Sec. 45, violations are subject to a fine “not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding three years.” The Act leaves open the possibility of both a fine and imprisonment.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon business owners, employers, and supervisors to take steps to require a person to stop smoking.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The laws provides that a person who smokes in a prohibited area “shall, upon conviction, be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both.”

The law aligns with the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

A person who “hinders, obstructs, threatens or abuses or assaults” an owner or manager of a premises who attempts to enforce the smoking prohibition is subject to arrest without a warrant by “such manager or by a police officer or other authorized officer” and is “liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both.”

The law aligns with the FCTC Art. 8 Guidelines in this respect.

Not Applicable
Not Applicable
Kenya
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable