Kenya has tried to control tobacco abuse through legislation such as the formulation of the 2007 tobacco control act tca. For information regarding smokefree places, advertising and promotion, and packaging and labeling, visit the tobacco control laws website. A key priority in the act is research, monitoring and evaluation. Smoking prevalence and tobaccocontrol measures in kenya, uganda, the gambia and liberia. Health assembly in may 2003, is among the most widely embraced treaties under the. The public health act, originally promulgated in 1940, is a comprehensive act concerning numerous aspects of public health in kenya and establishing the ministry responsible for public health.
The act proposes key amendments to various tax legislation in kenya including. An act of parliament to make provision for the control and improvement of. Smoking harms nearly every organ of the body, causing many diseases and affecting the health of smokers in general. The scope of tobacco abuse in kenya and interventions taken. This act may be cited as the tobacco control act, 2007. The who framework convention on tobacco control who fctc is the first treaty negotiated under the auspices of the world health organization.
The tobacco control act, 2007 requires strengthening to ensure that bars and. Pdf smoking prevalence and tobaccocontrol measures in. The uganda tobacco control act, 2015 an assessment of what worked well and what did not 1. They included members of africa tobacco control alliance. Finance act 2012 simplified 4 tiers 1 tier increased the specific tax to kshs1,200mille or 35% of rsp. The 2014 kenya global adult tobacco survey reported that 2. Kenya signed and ratified the fctc in 2004 and domesticated it through the tobacco control act 2007 which provides for critical provisions such as smoke free. Open access research adherence to the tobacco control act. Tobacco control act kenya tobacco control alliance. Tobacco control act 2015 part 2 prohibition on smoking prohibition on smoking in certain areas no person shall smoke a cigarette product or tobacco product in any enclosed public place, enclosed workplace or public conveyance, including but not limited to any place listed in schedule 1 part 1. Fact sheet 5 tobacco product marketing restrictions.
Short title this act may be cited as the public health act. This comprehensive law defines keys terms and covers topics including, but not limited to, restrictions on public smoking. In kenya, the legislature passed the comprehensive tobacco control act tca in 2007 to address the production, sale, labelling, advertising, promotion and sponsorship of tobacco products, among. Kenyas tobacco control act, 2007 prohibits direct advertising and also indirect. Tobacco control act,2007, the cabinet secretary for health makes the following regulations. No bans at airports, on domestic flights and in fueling areas. The tca is the legal framework governing tobacco control measures in the country. In principle, the act shall commence not later than three months of notice in the kenyan gazette by the minister download excise duty act 2015 pdf. Broad scope of the tobacco advertising, promotion and sponsorship regulation. The objective of this study was to determine the new marketing strategies adopted by mastermind tobacco kenya limited after the tobacco control act 2007. Amended by tobacco products control amendment act 23 of 2007 from 21 aug 2009.
Donor programs aimed at adolescent health have made major investments in tobacco control among youth but have not targeted other ncd risks influencing youth health behavior. An act of parliament to control the production, manufacture, sale, labelling, advertising, promotion and sponsorship of tobacco products, to provide for the tobacco control board, to regulate smoking in specified areas and for connected purposes. The crop production and livestock seed and ware potato production and marketing. Tobacco control in kenya has seen significant gains in the recent past with achievements such as ratification of the who fctc in 2004 and passing of the tobacco control act tca in 2007. Alcohol use, drunkenness and tobacco smoking in rural western kenya. Objective to assess adherence to the tobacco control act, 2007 by determining the presence of a workplace policy on tobacco use in bars and restaurants. In these regulations, unless the context otherwise requires. The president of kenya assented to an act of parliament, the finance act, 2019 the act on 7 november 2019. The who framework convention on tobacco control who fctc, adopted by the world.
Economics of tobacco taxation in kenya 2011 affordability of cigarettes in kenya, 19902008 300 350 400 450 500 550 600 650 700 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 affordability index. An act to control the demand for the consumption of tobacco and its products, to control the supply of tobacco and its products to the population. Kenya meat commission act chapter 363 meat control act chapter 356 pest control products act chapter 346 plant protection act chapter 324 prevention of cruelty to animals act chapter 360 pyrethrum act chapter 340 rabies act chapter 365 seeds and plant varieties act chapter 326 sisal industry act chapter 341. Tobacco control act 2007 called for implementation of tobacco tax established the tobacco control fund basis for advocacy work not implemented. The who fctc is an evidencebased treaty that reaffirms the right of all people to the highest standard of health. Who framework convention on tobacco control v foreword the who framework convention on tobacco control who fctc is the first treaty negotiated under the auspices of the world health organization. The national tobacco control action plan 20102015 focuses on those recommendations and strategies that are solely under the jurisdiction of the health sector. The tobacco control act 2007 is an act of parliament to control the production, manufacture, sale, labeling, advertising, promotion and sponsorship of tobacco products, to provide for the tobacco control board, to regulate smoking in specified areas and for connected purposes. Study of marketing strategies adopted by mastermind tobacco. Control act on the marketing of cigarettes and tobacco products in kenya in the context of the tobacco control act 2007 using bat k as the study site.
Effects of tobacco control act 2007 on the marketing of. The long title to the alcoholic drinks control act, 2010, in this act referred to as the principal act, is. Manual for developing tobacco control legislation in. Enforcement of the tobacco control act 2007 is not optimal. This magnum opus on tobacco control in africa could not be timelier as we. International tobacco control ritc project in kenya during 200506 is 8. Laws of kenya crop production and livestock act chapter 321 revised edition 2012 1977. The tobacco policy processthat is, the policy to develop a comprehensive tobacco control act as well as a technical policygained momentum after kenya signed and ratified who fctc in 2004. Who library cataloguinginpublication data joint national capacity assessment on the implementation of effective tobacco control policies in kenya. The country has gone further to develop a national tobacco control action plan which outlines public health policy on tobacco control for kenya and facilitates implementation of key recommendations of the tobacco control act 2007.
Family smoking prevention and tobacco control act table of. Tobacco control act 2015 health warning in an advertisement advertising point of sale advertising false promotion non tobacco product promotion at a public event sponsorship promotion sales promotion offences and penalties under part 5 part 6 prohibition on sale prohibition on sale to a minor. The toll of tobacco in kenya campaign for tobaccofree kids. The national tobacco control action plan 20102015 focuses on those. This study adopted a case study design which brought an understanding of a complex issue or. The workshop was supported by who regional office for africa. Amended by tobacco products control amendment act 12 of 1999 from 1 oct 2000. Tobacco industry interference in kenya international institute for. Pdf alcohol use, drunkenness and tobacco smoking in rural. Africa seems to be lagging behind when it comes to pictorial warnings on cigarettes packs, and even plain packaging. Kenya became a party to the who fctc on 24 june 2004, making it legally bound by the provisions of the treaty.
This act makes uganda one of the few countries that have. This printed impression has been carefully compared by me with the bill passed by parliament and found by me to be a true copy of the bill taeasi sanga mrs clerk to national parliament. This research used a case study of the mastermind tobacco kenya limited, to assist in identifying the key marketing strategies adopted to deal with the challenges occasioned by the new laws. The tobacco control act, 2007 grants enforcement powers to public health officers appointed under section 9 of the public health act. British american tobacco bat has historically enjoyed a monopoly position in kenya. The tobbacco act, 2015 uganda legal information institute. This act may be cited as the tobacco control act 2010, and commences on a date appointed by the minister, by notice in the gazette. These regulations may be cited as the tobacco control and marketing regulations.
Section 15 1 a and b of the act shall be one hundred thousand shillings. While the tobacco control act 2007 provides a national framework for tobacco control in kenya, various sectors in both public and private are responsible for determining the detail of their involvement in the implementation of the requirements of the act. The scope of tobacco abuse in kenya and interventions. Kenyas tobacco control act 2007 states the following objective, among others. The uganda tobacco control act, 2015 an assessment of. We are up against very stiff opposition from both multinational tobacco firms and farmers themselves but we will not relent to ensure that kenya is a tobacco free state. It recognizes that the country signed and ratified the fctc and domesticated the same through the tobacco control act of 2007, and has gone ahead to develop a national tobacco control action plan ntcap for the period 2010 2015. Advocating for strong tobacco control policies who we are we are the unifying voice for civil society organizations csos fighting against tobacco and its deadly effects in kenya. Amended by general law fifth amendment act 157 of 1993.
Tobacco products control act south african government. This guide is our response to enforcement needs by providing a useful informative tool for all those involved in promoting enforcement of, and compliance with, tobacco control legislation. This act may be cited as the environmental management and coordination act, 1999. The public health act, originally promulgated in 1940, is a comprehensive act concerning numerous aspects of public health in kenya and. The tobacco control act, 2007 is the principal law governing tobacco control in kenya.
As part of their legal obligation kenya enacted the tobacco control act, 2007. Act22 tobacco control act 2015 and whereas uganda ratified the convention on the 20th day of june 2007 in accordance with article 123 of the constitution of the republic of uganda, section 3b ii of the ratification of treaties act and article 35 of the world health organisation framework. Impact on state and local authority july 2009 background on june 22, 2009, president barack obama signed into law the family smoking prevention and tobacco control act, giving the u. Tobacco control act 2007 international institute for. The office on smoking and health osh helps states and communities implement tobacco control programs by featuring national and local campaigns and events, linking to state and community resources, producing guidelines, and. Knowledge on tobacco has been enhanced through research, tobacco promotion and sponsorship taps, international tobacco control itc, kenya demographic health survey kdhs and global adult tobacco survey gats. A towards fulfilling obligations under article of the who fctc 1. In this act, unless the context otherwise requires authorised officer means a person appointed as such under section 28. Study of marketing strategies adopted by mastermind. Kenya ratified the who framework convention on tobacco control on june 25, 2004. Aug 15, 2018 this was converted to an act tobacco control act 1990 cap. T16 when nigeria transited to democratic rule in year 2000. Published by the national council for law reporting with the.
Control act, 2010 enacted by the parliament of kenya as follows 1. This act shall be cited as the alcoholic drinks control amendment act, 2014, and shall come into operation upon the expiry of thirty days from the date of publication. The national tobacco control action plan 20102015 focuses on those recommendations and strategies. The office on smoking and health osh helps states and communities implement tobacco control programs by featuring national and local campaigns and events, linking to state and community resources, producing guidelines, and compiling data.
The income tax act, value added tax, excise duty act, tax procedures act and miscellaneous fees and levies act. Aug 15, 2018 the tobacco control acts formulation and subsequent amendments were an opportunity to harmonize these policy initiatives. Crop production and livestock act kenya law reports. The tobacco products control act was introduced in south africa in 1993, where smoking has been rated the second highest health concern, after hivaids this act has been amended several time during the past decade and today south africa has some of the strictest tobacco control measures ever adopted by the government of a developing country. Best practices in implementation of article of the who. Suspension and cancellation of license or registration part iii excise control 8.
Centre for tobacco control in africa a tobacco free africa. These are clear indications of the governments commitment to tobacco control. After ratification of the framework convention on tobacco control, kenya enacted the tobacco control act, 2007, banning smoking in public places except in designated smoking areas. One hundred and eighty countries are now parties to the convention.
Interpretation in this act, unless the context otherwise requires air quality means the concentration prescribed under or pursuant to this act of a pollutant in the atmosphere at the point of measurement. Kenya successes in kenyas tobacco control act 2007. Previously, this blogger discussed here the tobacco control regulations 2014 made by the cabinet secretary for health published under legal notice no. Crop production and livestock tobacco growing and marketing rules57 18.
At a highlevel stakeholder engagement meeting held at the kampala golden tulip hotel on october 24th 2018, the center for tobacco control in africa ctca launched the tobacco control capacitybuilding programme tccp in uganda. Analysis of recent tobacco control debates and a case study of bats response to the emergence of competition in kenya are used to explore the companys ability to shape public policy and its treatment of tobacco farmers. Kenya tobacco control alliance, world health organization africa region amongst others. We have put short descriptions in parentheses next to the names of some sections. The excise duty bill, 2015, was assented by the president and gazzetted by the government printer on friday 6th november 2015. Interpretation in this act, unless the context otherwise requires adult means a person of eighteen years of age or over. Reducing noncommunicable disease risk factors in adolescents. While the content of both documents remained unchanged, the use of decree by the military and act by democratic government was due to different terminologies of governance tools. Tobacco control in africa idrc digital library bibliotheque. Fact sheet 5 tobacco product marketing restrictions federal regulation of tobacco. Amended by tobacco products control amendment act 63 of 2008 from 21 aug 2009.