[Intl-tobacco] Kenya drafts smokefree law

[robert weissman]

Kenya's government drafts law to ban smoking in public
(AFP)

30 May 2005


NAIROBI - The Kenyan government is drafting a bill that would outlaw
smoking or holding lit tobacco products in public places, the country=92s
top physician said on Monday, a day ahead of World No Tobacco day.

Director of Medical Services (DMS) James Nyikal said a draft of the
Tobacco Control Bill 2004 would be presented to the country=92s attorney
general before it is presented to parliament for debate.

Among the provisions of the law is an increase tax on tobacco by 15
percent and penalties for found smoking in public, including including
churches, schools, bars, restaurants and sports stadiums.

=93We have to make sure that the law is clear, it does not conflict with
any other before it goes to public,=94 Nyikal told reporters in Nairobi.

=93It will be illegal and there will be penalties for breaking the law,=94
he said.

In 2003, Health Minister Charity Ngilu issued a policy declaration that
banned smoking in public places, but it failed because it lacked legal
mechanism for its enforcement, officials said.

=93We estimate that tobacco kills 8,000 smokers in Kenya every year.
Second-hand smoke kills 4,000 people annually in this country,=94 Nyikal
explained.

=93Kenyans used 30 billion shillings (394.7 million dollars) to buy 10
billion cigarettes last year,=94 he said.

Despite giving the Kenyan government about five billion shillings (65.8
million dollars) a year in taxes, the country loses 25 billion (329
million dollars) in addition, disease, disability and death, according
to official figures.

In March 2004, Uganda passed a law banning the habit, but smokers
continued to puff away with impunity as police had done little to
enforce the ban.

Under the Ugandan law, both the smoker and the owner of the
establishment where an offense takes place are subject to fines of
between 10 and 200 dollars.