LANGUAGE
Last updated: September 18th 2019

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Uncertain
Fine, Jail, Other
Enforcement Agency

Ministry of Health and Social Welfare

Analysis

Section 18 of the Tobacco Products Act authorizes the Minister, by notice in the Gazette, to appoint any public officer or designate any body as an inspector. Similarly, the Tobacco Products Regulations specify that the Minister shall appoint a suitable and qualified person to be inspector, and then set out qualifying and disqualifying criteria. However, to date, the Minister has not yet appointed an inspector.

There is no specific penalty for violations of the advertising and promotion provisions of the law; therefore, the general penalty in Sec. 37 applies: “a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.” Further, any violation that continues for more than one day may be considered a separate offense for each day on which the offense is committed or continues. In addition, a “court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects- (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; (b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it contains a range of penalties, including compound penalties for repeat offenses, and allows for suspension of activities if appropriate.

Sponsorship

Uncertain
Fine, Jail, Other
Enforcement Agency

Ministry of Health and Social Welfare

Analysis

Section 18 of the Tobacco Products Act authorizes the Minister, by notice in the Gazette, to appoint any public officer or designate any body as an inspector. Similarly, the Tobacco Products Regulations specify that the Minister shall appoint a suitable and qualified person to be inspector, and then set out qualifying and disqualifying criteria. However, to date, the Minister has not yet appointed an inspector.

There is no specific penalty for violations of the sponsorship provisions of the law; therefore, the general penalty in Sec. 37 applies: “a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.” Further, any violation that continues for more than one day may be considered a separate offense for each day on which the offense is committed or continues. In addition, a “court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects- (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; (b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act."

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it contains a range of penalties, including compound penalties for repeat offenses, and allows for suspension or activities if appropriate.