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Enforcement and Compliance

Sustain Enforcement on the Ban of Tobacco Advertisement, Promotion and Sponsorship

A comprehensive ban on advertising, promotion and sponsorship of tobacco products is an intervention used to reduce the demand of tobacco products. Through a strong legal environment and technical means to appropriately ban and enforce complete advertisement promotion and sponsorship including cross-border advertising, promotion and sponsorship originating from other territories.


Protection of Non-Smokers from Exposure to Tobacco Smoke

When non-smokers are exposed to secondhand smoke (SHS) it’s called involuntary smoking or passive smoking. Nonsmokers who breathe in SHS take in nicotine and toxic chemicals the same way smokers do and therefore need to be protected. It has been scientifically evidenced that exposure to tobacco smoke causes disease, death and disability. Exposure is commonly in form of SHS which is also called environmental tobacco smoke (ETS). It is the smoke that is exhaled by smokers or is given off by burning tobacco. It can be classified into two forms: mainstream smoke as the smoke exhaled by the smoker and sidestream smoke as the smoke from the lighted end of a cigarette, pipe, or cigar, or tobacco burning in a hookah (Shisha). To raise awareness on the health impact of secondhand smoke (SHS) in the Kenyan Population Actions the board will:

  • develop scientifically sound key messages on SHS,
  • disseminate IEC materials for smoke-free work and social places,
  • Conduct awareness campaigns on SHS to the public,
  • strengthen enforcement of smoke-free laws Actions,
  • Periodic assessment of the levels of compliance,
  • Sensitize owners and employees of public premises,
  • Train and empower enforcement and judicial officers both at national and counties,
  • Provide technical support for the enactment of county laws and regulations for the control of smoking in public places, in compliance with the Tobacco Control Act, 2007;
  • To empower and seek the public’s support in the enforcement of the smoke-free laws


Sustenance and Implementation of High-Quality Graphic Health Warnings on all Tobacco Products

The board facilitates the Introduction of Health warnings on tobacco that have been found to inform smokers about the health hazards of smoking, encourage smokers to quit, and prevent nonsmokers from starting to smoke. Warnings on tobacco products are an ideal way of communicating with smokers because they pair the warning directly with smoking behaviour.

Graphic health warning labels on cigarette packs are noticed by the majority of adolescents, increase adolescents’ cognitive processing of these messages and have the potential to lower smoking intentions. The introduction of graphic warning labels may help to reduce smoking among adolescents who are the most vulnerable to start smoking. Graphic health warnings are also a suitable alternative for passing information on the dangers of tobacco use to the illiterate. The board will:

  • Maintain an updated online repository of high-quality Graphic Health Warnings (GHWs) Actions:
  • Provide a guideline on how to implement the GHWs to the Tobacco Industry and include emerging Tobacco products
  • To strengthen enforcement of and compliance with graphic health warnings
  • Conduct post-market surveillance across the country
  • Enforce effective legal mechanisms to mitigate non-compliance to GHW.
  • Design high-quality GHWs in line with WHO guidelines.


Reduction of Access to and Promotion of Tobacco Products to Persons under the Age of Eighteen Years

The following aspects to reduce the accessibility to and promotion of tobacco products to minors:

  • Prohibition of sales of tobacco products to and by persons under the age of 18 years
  • Placement of disclaimers at all tobacco points of sale prohibiting sale of tobacco products to minors; –
  • Ban of self-service displays that would allow direct accessibility of tobacco products by minors; – -Prohibition of the manufacture and sale of sweets, snacks, toys or any other objects in the form of tobacco products which appeal to minors
  • Ban on tobacco vending machines which would promote sale of tobacco products to minors; Prohibition of distribution of free tobacco products to the public and especially minors
  • Conduct training for enforcement officers
  • Enhance random inspections at points of sale
  • Promote public engagement and vigilance in prohibiting access of tobacco products to and by minors increase awareness of the prohibition of sale to minors in schools Actions
  • disseminate appropriate messaging for schools
  • Sensitize minors and their caregivers through mainstream and social media platforms


Elimination of illicit trade of tobacco products

The illicit trading of tobacco products is the supply, distribution and sale of smuggled genuine, counterfeit or cheap tobacco products. It works on the principle that there is a financial incentive to source a product in a lower-priced market, transport, distribute and sell it in a higher-priced market. This can include international movements or within countries that allow for intra-community price differentials. Illicit trade of tobacco products denies governments of much needed revenues from tobacco taxation while at the same time increasing supply (access) and affordability of tobacco products, hence defeating public health goals by reducing the impact of tobacco tax increases. Recent studies estimate that approximately 11% of the world cigarette market is illicit, representing over 600 billion cigarettes a year and resulting in annual government revenue losses of over US$40 billion.36 Further, it has also been shown that if global illicit trade were eliminated, governments would gain at least $31 billion and from 2030 onwards would save over 160,000 lives a year due to a projected cigarette price increase of 3.9% and a consequent fall in consumption of 2.0%37. Besides the direct revenue loss, illicit trade in tobacco products leads to decrease in tax compliance and effectiveness and leads to the undermining of the tax system as a whole. Article 15 of the FCTC calls upon Parties to put in place mechanisms to eliminate all forms of illicit trade in tobacco products, including smuggling, illicit manufacturing, through domestic legislation and regional approaches. Further, the WHO Protocol to Eliminate Illicit trade in Tobacco Products (ITP) was negotiated by parties to the FCTC with the objective of “eliminating all forms of illicit trade in tobacco product

The following actions are done to curb illicit trade:

  • Implementation of the protocol to eliminate illicit trade in tobacco products
  • Development of additional policy and legislation.
  • enforcement and compliance trainings


Progressive Increase of Excise Tax and Prices for Tobacco Products In Line with WHO Recommendations

Tobacco tax and price policy measures have been found to be one of the most effective and cost-effective measures of tobacco control due to its potential to reduce tobacco consumption and raise government revenue. Price measures are considered to be the most effective means of controlling tobacco use. An effective tax increase is likely to increase prices of tobacco products and make them less affordable, hence reducing consumption. Section 12 of the Tobacco Control Act, 2007 requires the Cabinet secretary in charge of finance to Implement tax policies and where appropriate, price policies on Tobacco and tobacco products. Kenya has made significant progress over the years culminating in improvement of the excise tax structure for tobacco products; including simplification of the structure, indexation to account for inflation and a general increase of excise tax rates from Kshs. 1200 per 1000 cigarettes (or 35% of retail selling price) in 2012 and Ksh. 1800 and Ksh. 2500 per 1000 cigarettes for plain and filtered cigarettes respectively in 2019. This plan will guide the country towards progressive increase of excise tax and prices for tobacco products in line.

The board shall:

  • Advocate for an annual increase of at least 10% of tobacco excise tax rates toward the WHO recommended 70% of retail price Actions
  • Continued advocacy for effective and efficient tax systems and administration in line with article 6 of the FCTC and its guidelines
  • Participation in budget making processes at all levels
  • Create public awareness for support towards effective and efficient tobacco tax and price measures. 2 sensitize law and policymakers on the role of tax and price measures on tobacco control Actions
  • Sensitize the relevant parliamentary committees on the benefit of tax and price measures
  • Strengthen the capacity of relevant stakeholders on Price and tax measures
  • Advocate for utilization of tobacco taxes for tobacco control activities.
  • Regulation and disclosure of tobacco product content and emission


Enforcement Documents:

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