COMMENTS: The Public Health Act, originally promulgated in 1940, is a comprehensive act concerning numerous aspects of public health in Kenya and establishing the ministry responsible for public health. The Tobacco Control Act, 2007 grants enforcement powers to public health officers appointed under Section 9 of the Public Health Act. In addition, the Tobacco Control Act, 2007 establishes the Tobacco Control Board, which is composed of several members of the ministry of public health whose duties and powers are contained within the Public Health Act. The Public Health Act has been amended several times, and the date of the most recent amendment is unavailable.
COMMENTS: The Traffic Act provides the definition of "public service vehicle." The Tobacco Control Act incorporates this definition with regards to its smoke free provisions. The Traffic Act has been amended several times, with the 2009 revised edition available here.
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
COMMENTS: The Tobacco Control Act, 2007 is a comprehensive law covering many aspects of tobacco control, including, but not limited to: advertising, promotion and sponsorship; health warnings and messages; restrictions on public smoking; and enforcement. In addition, the law empowers the Minister of Public Health and Sanitation to administer the law, with the advice of the Tobacco Control Board established under the Act.
COMMENTS: The Tobacco Control Regulations, 2014 require combined picture and text health warnings and further regulate other provisions under the Tobacco Control Act, 2007 including public smoking restrictions, tobacco product and tobacco industry disclosures, and an annual fee placed on tobacco product manufacturers and importers, which will contribute to a tobacco control fund.
COMMENTS: The Public Health (Control of Shisha Smoking) Rules, 2017 prohibit the import, manufacture, sale, use, advertising and promoting, and distribution of shisha.