Smoking On Streets is Legal, Ministry Says
The Nation (Nairobi)
26 October 2008
Oliver Mathenge
Smokers across the country are actually free to smoke on the streets and in any other open areas without looking over their shoulders.
This follows a Government notice faulting by-laws by councils banning cigarette smoking on the streets, beaches and other open areas.
A notice published by the Ministry of Local Government in the press yesterday said those found smoking in such areas cannot be arrested under the Tobacco Control Act.
"Smoking outdoors, in open places including any public street, beaches and open areas is not banned under the Act. Members of the public cannot be arrested when smoking in these areas," read the notice.
The notice signed by the Local Government PS Sammy Kirui says the Tobacco Control Act supersedes the Local Authority Act "and any by-law that is inconsistent with it is null and void to the extent of inconsistency".
This in effect means that the bylaws instituted by various local authorities, including the Nairobi and Mombasa councils are in collision with the law.
The councils have even designated sections of the cities as public smoking zones.
According to the tobacco law, public areas are defined as "any indoor, enclosed, or partially enclosed area, which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a workplace and a public conveyance".
Public place
The Local Government Act defines a public place as "any road, street, thoroughfare, foot pavement, footpath, sidewalk, lane, square, open space, garden, park or enclosed space vested in a local authority".
In other indoor and partially enclosed areas such as restaurants and public buildings, people can only smoke in designated areas.
However, smoking is prohibited in public service vehicles, schools, hospitals, clinics, court buildings, ferries and trains.
The Tobacco Control law came into effect in October 2007. The offences stipulated in the Act attract a fine ranging from Sh50,000 to Sh3 million or imprisonment for up to three years.
Article at: http://allafrica.com/stories/200810270393.html
