Last updated: September 18, 2019

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Not Applicable
None
Analysis

The law does not regulate the contents of cigarettes; therefore, there are no specified penalties.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Guidelines, the law should regulate the contents of cigarettes and impose sanctions for violations.

Disclosure requirement

Ministry of Health and Social Welfare; Any public officer or body ´╗┐designated by the Minister of Health and Social Services
Fine, Business License suspension or revocation, Jail
Entities that can be held responsible

Manufacturer, Importer

Analysis

A violation of disclosure requirements is subject to a fine of not less than five million shillings but not exceeding twenty million shillings, imprisonment for a term not exceeding three years, or both. Each day an offense is committed may be considered a separate violation.

In addition, a court may make an order: (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; and/or (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 offense under the Act.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.