Kenya

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.

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.

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.

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.

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.