Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2009

LAWS OF KENYA
TOBACCO CONTROL ACT
CAP. 245A
- Published in Kenya Gazette Vol. CIX—No. 67 on 12 October 2007
- Assented to on 27 September 2007
- Commenced on 8 October 2007
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2009 (Act No. 6 of 2009) on 23 July 2009]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Tobacco Control Act.2. Interpretation
In this Act, unless the context otherwise requires—"accessory" means a product that may be used in the consumption of a tobacco product and includes a pipe, cigarette holder, cigar clip, lighter or matches;"advertisement" includes—3. Object and purpose of Act
The object and purpose of this Act is to provide a legal framework for the control of the production, manufacture, sale, labelling, advertising, promotion, sponsorship and use of tobacco products, including exposure to tobacco smoke, in order to—Part II – ADMINISTRATION
4. Powers of the Cabinet Secretary
Notwithstanding the provisions of any other written law for the time being in force, the Cabinet Secretary, on the recommendation of the Board, may—5. Establishment of the Board
6. Functions of the Board
The functions of the Board shall be to—7. Tobacco Control Fund
8. Administration of the Fund
Part III – INFORMATION, EDUCATION AND COMMUNICATION
9. Government to undertake information, education and communication
10. Ministry responsible for education to integrate tobacco matters into syllabuses
The Ministry responsible for Education, utilising official information provided by the Ministry of Health shall integrate instruction on the health consequences, addictive nature and mortal threat posed by tobacco consumption and exposure to tobacco smoke in subjects taught in public and private schools at all levels of education, including informal and non formal and indigenous learning systems.11. Tobacco control education and dissemination to form part of health care
12. Tax and price policies
The Cabinet Secretary for the time being in charge of finance shall—13. Economically viable alternatives
Part IV – TOBACCO PRODUCTS
14. Conformity with requirements
15. Supply to and by young persons
16. Display of signs
17. Vending machines
18. Number of cigarettes in a package
19. Self service display
20. Delivery of tobacco products
21. Information required on packages
Part V – PROMOTION
22. Prohibition of promotion
23. False promotion
24. Testimonials or endorsements
25. Promotion by advertisement
26. Promotion by sponsorship
27. Name of facility
The name of a manufacturer or tobacco product-related brand name may only appear on a permanent facility if such facility is owned or leased and used by the manufacturer.28. Accessories
29. Displays on non-tobacco products
30. Sales promotions
31. Communication media
Part VI – INVOLUNTARY EXPOSURE TO TOBACCO SMOKE
32. Right to smoke free environment
33. Prohibited smoking areas
34. Display of notices
35. Specially designated smoking areas
Part VII – ENFORCEMENT
36. Authorised officers
37. Places authorized officers may enter
38. Powers of officers
In carrying out an inspection in any place pursuant to section 37, an authorised officer may—39. Use of records
In carrying out an inspection in a place, an authorised officer may—40. Entry of dwelling place
An authorised officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant issued under section 41.41. Authority to issue warrant
42. Use of force
An authorised officer executing the warrant issued under section 41 shall not use force unless such officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.43. Certificate of analysis
An authorised officer who has analysed or examined tobacco, a tobacco product or thing under this Act, or a sample of it, shall issue a certificate or report setting out the results of the analysis or examination.44. Assistance to officers
The owner of a place inspected by an authorised officer under this Act or the person in charge of the place and every person found in the place shall—45. Obstruction
No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under this Act.46. Seizure
During an inspection under this Act, an authorised officer may seize any tobacco, a tobacco product or thing by means of which or in relation to which the officer believes, on reasonable grounds, that this Act has been contravened and a full inventory thereof shall be made at the time of such seizure by the officer.47. Storage and removal
The authorised officer may direct that any tobacco, tobacco product or thing seized be kept or stored in the place where it was seized or that it be removed to another place.48. Interference with seized product or thing
Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any tobacco, tobacco product or other thing seized.49. Restoration of seized product or thing
Any person from whom tobacco, a tobacco product or thing was seized may, within sixty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Cabinet Secretary within the prescribed time and in the prescribed manner.50. Order for restoration
The High Court may order that the tobacco, tobacco product or thing be restored immediately to the applicant if, on hearing the application, the court is satisfied that—51. Order of later restoration
52. Forfeiture
Where—53. Regulations
54. General penalty
Any person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.55. Nature of offences
Offences under this Act shall be cognisable offences.56. Directors and officers of corporations
Where a corporation, registered society or other legal entity commits an offence under this Act, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence and shall, on conviction, be liable to the penalty provided for by this Act in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted.57. Offences by employees or agents
In any prosecution for an offence under this Act, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused, whether or not the employee is identified or has been prosecuted for the offence.58. Certified copies and certificate or report of officer as proof
59. Notice to produce
The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced notice of not less than seven days of that intention together with a copy of the certificate or report.60. Attendance of officer
The party against whom the certificate or report provided for under section 58 is produced may, with leave of the court, require the attendance of the officer for purposes of cross examination.61. Evidentiary proceedings
In a prosecution for a contravention of this Act—62. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
23 July 2009
12 October 2007
08 October 2007
Commenced
27 September 2007
Assented to
Documents citing this one 14
Gazette 7
Judgment 4
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Act 1
1. | Civil Aviation Act | 173 citations |
Subsidiary legislation
Title
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The Tobacco Control Regulations | Legal Notice 169 of 2014 |