Act allows outdoor smoking, says PS

by Francis Ngige

The Ministry of Local Government has directed local authorities to remove designated public smoking zones established according to their by-laws.

In a circular to Nairobi City Council and other civic authorities, the ministry says enforcement of the by-law was in contravention of Tobacco Control Act, which came into force last year.

PS Sammy Kirui instructed town and county clerks to ensure immediate compliance with the directive.

He said some councils were enforcing the by-law despite a clarification by the Attorney General on the application of the Act.

"It has come to the attention of the ministry that some local authorities are still applying the by-laws, which are inconsistent with the Tobacco Control Act of 2007," Kirui said in the circular.

Immediate compliance

He said some authorities had not complied with an earlier circular from the ministry interpreting the Act and offering advice on how to enforce the laws.

The PS wrote: "Through this circular, I am instructing all town and county clerks to ensure immediate compliance with the clarifications contained in the earlier circular on the interpretation of the Act."

He added: "This will ensure correct enforcement of the law aimed at putting claims of harassment to both traders and consumers to rest."

In the circular, the PS has attached the interpretation of the Tobacco

Control Act, which excludes smoking outdoors, including streets.

Kirui said smoking outdoors in open places including any public street, beaches and open areas is not banned under the Act.