Last updated: February 24, 2020

Penalties

Sanctions

Sales Restrictions

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Any person who violates sales restriction provisions is subject to a fine of not less than 24 currency points, or imprisonment for a term of not less than one year, or both. (A currency point currently is equivalent to 20,000 shillings). If the person convicted is a corporate entity, in addition to the above penalty, a court shall impose a fine of not less than 1000 currency points, an order for the surrender of any proceeds of sale of the product to Government, or suspend the trading license of that person for a period of not less than six months. In addition, a court may order the seizure, forfeiture or destruction of the prohibited material, at the cost of the offender. Further, a director, manager or officer of a corporate entity, may be personally held liable for the offense committed.

Location-based Sales Restrictions

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Any person who violates location-based sales restriction provisions is subject to a fine of not less than 24 currency points, or imprisonment for a term of not less than one year, or both. (A currency point currently is equivalent to 20,000 shillings). If the person convicted is a corporate entity, in addition to the above penalty, a court shall impose a fine of not less than 1000 currency points, an order for the surrender of any proceeds of sale of the product to Government, or suspend the trading license of that person for a period of not less than six months. In addition, a court may order the seizure, forfeiture or destruction of the prohibited material, at the cost of the offender. Further, a director, manager or officer of a corporate entity, may be personally held liable for the offense committed.

Minimum Retail Package Size

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Any person who violates the packaging and labeling provisions is subject to: a fine of not less than 24 currency points (a currency point is equivalent to 20,000 shillings), or imprisonment of not less than one year, or both. A corporate entity, in addition to these penalties, may be subject to: a fine of not less than 1,000 currency points, suspension of trading license for not less than six months, and order for surrender of any proceeds of sale of the product to the government. In addition, the court shall order the seizure, forfeiture, and destruction of tobacco products not conforming to the packaging and labeling requirements.

Minimum Legal Sales Age

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Any person who violates the minimum legal sales age restriction is subject to a fine of not less than 100 currency points, or imprisonment for a term of not less than one year, or both. (A currency point currently is equivalent to 20,000 shillings). If the person convicted is a corporate entity, in addition to the above penalty, a court shall impose a fine of not less than 1000 currency points, an order for the surrender of any proceeds of sale of the product to Government, or suspend the trading license of that person for a period of not less than six months. In addition, a court may order the seizure, forfeiture or destruction of the prohibited material, at the cost of the offender. Further, a director, manager or officer of a corporate entity, may be personally held liable for the offense committed.