Last updated: November 11, 2021
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Public health officers appointed under the Public Health Act, Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers
Violations of advertising and promotion provisions are punishable by a fine ranging from 50,000 shillings up to three million shillings, and imprisonment for up to three years, depending on the offense. Other penalties include seizure, disposal, and/or destruction of the product.
The law conveys enforcement authority to “public health officers” under the Public Health Act and “any other person upon whom any written law vests functions of the maintenance of law and order.” The Regulations further convey enforcement authority to “Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties commensurate with the seriousness of the violation.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Public health officers appointed under the Public Health Act, Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers
Violations of sponsorship provisions are punishable by a fine of up to 500,000 shillings, imprisonment for up to three years, or both. Other penalties include seizure, disposal, and/or destruction of the product.
The law conveys enforcement authority to “public health officers” under the Public Health Act and “any other person upon whom any written law vests functions of the maintenance of law and order.” The Regulations further convey enforcement authority to “Medical Officer of Health, customs officers, police officers and administration police officers, prisons officers and local authority inspectorate officers, Kenya forest rangers.”
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties.
