Its now law: from Tuesday 8th of July 2008 smoking in public places is prohibited through the Tobacco control act 2007.
The Tobacco Control Act 2007 was unanimously passed by parliament on 8th August 2007.
It commenced on 8th October 2007 and provided for a nine-month implementation period which lapses on 8th July 2008.
The bill provides a legal framework to control the production, manufacture, sale, advertising and use of tobacco products.
The motion to ban smoking in public places was first presented in parliament by the former minister for Health Charity Ngilu.
Tobacco producing companies were up in arms with the new requirement arguing that the move would affect their sales.
But WHO wants smoking banned the world over for its harmful nature.
400 known chemicals in tobacco products out of 4,000 are known to cause disease while 40 are cancer causing agents.
In a statement Permanent Secretary in the ministry of public health and sanitation Dr James Nyikal has outlined 17 prohibitions to tobacco among them smoking outside the designated smoking areas, sale of tobacco products to and by children under 18 years of age, use of false misleading or deceptive promotion including packaging, promotion of tobacco by sponsorship or advertising.
Let us all accept that a majority of Kenyans are non smokers and a few smokers are endangering the lives of those majority Kenyans," Nyikal said.
It is estimated that more than 5 million Kenyans (about 16 percent of the population) smoke. Nyikal also said it would be a crime to smoke in houses.
"But because we cannot get there to enforce it, we hope that the parents who smoke will be responsible enough to go and smoke outside for the sake of their own children," she added.
According to the new legislation, cigarettes will not be sold to minors less than 18 years of age and neither will they be used to sell.
"Cigarettes will not be sold in single sticks because we believe that's how the young people are getting access, they will be sold in packs of ten."
"But if ten people come up together and buy one packet and share, that is within the law, we can't do anything about it," the statement said.
Advertising of tobacco products in any medium has also been prohibited under the Act.
"We want to protect the young people because advertising is targeting them and that is not desirable. To us the advertisements look like recruitment," said the PS.
The public has also been urged to refrain from using items which are printed with logos of cigarettes, be it umbrellas, caps or T-shirts.
Persons who break this law will attract fines ranging from 50 thousand Kenya shillings to three million shillings and or imprisonment for a term ranging from 6 months to 3 years.
