Section 36 of the Tobacco Control Act conveys enforcement authority on “public health officers appointed under the Public Health Act” and “any other person upon whom any written law vests functions of the maintenance of law and order.” Section 39 of the Tobacco Control Regulations further clarifies that enforcement authority is conveyed upon "Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers." The law does not clearly impose a duty to enforce. Rather, the law states that an authorized officer "may" enter a place in which on reasonable grounds the officer believes a person is contravening the Act.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines the law should clearly impose a duty to enforce on authorized officers and include inspection duties.