Kenya

Section 33(2) of the law permits smoking in the workplace in “specially designated smoking areas.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

Section 33(1) of the law prohibits smoking in public places (which are by definition indoor places). However, Section 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 section 1 by permitting smoking in designated smoking areas in a very extensive list of public places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

The law allows designated smoking areas in some public transport vehicles. Therefore, the regulatory status, "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.

Section 33(2) 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.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including government facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) gives an extensive list of places in which smoking is permitted in specially designated areas. The list includes offices and workplaces.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and private offices and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor private offices and workplaces to be 100% smoke free.

Section 33(2) 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.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including hospitals, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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 Section 2 of the Tobacco Control Act, other “health institutions” would encompass residential healthcare facilities. In practice, the law is not always enforced and it has been reported that employees sometimes smoke outside the designated smoking area in stairwells and carparks.

The law does not align with the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including residential healthcare facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including non-residential healthcare facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “children’s homes” and “residential houses and other such premises where children are cared for.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including childcare facilities and preschools, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “education facilities.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including primary and secondary schools, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including universities and vocational facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including stores, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including cultural facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including indoor stadiums and arenas, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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 law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including restaurants, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including bars, pubs and nightclubs, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.” (Emphasis added). “Other entertainment facilities” is interpreted to include casinos.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including casinos, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes hotels.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including hotels, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.

The law does not align with FCTC Art. 8 the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including all parts of hotels, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including prisons and detention facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Section 33(2) 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 Section 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 Section 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.

Section 33(2) 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 Section 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 Section 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.

Section 33(2) 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 Section 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 Section 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.

Section 33(2) 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.”

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.

Section 33(2) 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.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places, including public transport facilities, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.