Kenya

The law permits smoking in the workplace in “specially designated smoking areas.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all indoor workplaces to be 100% smoke free.

Section 33(1) of the Tobacco Control Act prohibits smoking in public places (which are, by definition, indoor places). However, Sec. 33(2) gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. Despite the phrase in subsection 2 – “without prejudice to the generality of subsection 1” – subsection 2 effectively negates the general prohibition in subsection 1 by permitting smoking in designated smoking areas in a very extensive list of public places.

To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all indoor public places to be 100% smoke free.

The law allows designated smoking areas in some public transport vehicles. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all means of public transport are 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes many specific types of government facilities - such as court buildings, police stations, health institutions, and transport facilities. The list also includes the general categories of “public buildings” and “workplaces,” which encompasses government building and workplaces. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all government facilities to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of places in which smoking is permitted in specially designated areas. The list includes offices and workplaces. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all indoor private offices and workplaces to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “hospitals, clinics and other health institutions.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require hospitals to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “hospitals, clinics and other health institutions.” As defined in Sec. 2 of the Tobacco Control Act, other “health institutions” would encompass residential healthcare facilities. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of residential healthcare facilities to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “hospitals, clinics and other health institutions,” which encompasses non-residential healthcare facilities. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all non-residential healthcare facilities to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “children’s homes,” “residential houses and other such premises where children are cared for,” and "education facilities." Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require childcare facilities and preschools to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “education facilities.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require primary and secondary schools to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “education facilities.” Although “education facilities” is not defined, this phrase is interpreted to include universities and vocational facilities. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require universities and vocational facilities to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “markets, shopping malls and retail and wholesale establishments.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require shops to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “cinema halls, theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities. . . .” The list also includes “public buildings,” which encompasses non-performance space cultural facilities such as museums, exhibition halls and libraries. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require cultural facilities to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “stadia, sports and recreational facilities.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require indoor stadiums and arenas to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “restaurants, hotels, bars or other eating place.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec.18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require restaurants to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “restaurants, hotels, bars or other eating place.” The list also includes “disco halls and other entertainment facilities,” which would include nightclubs. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require bars, pubs, and nightclubs to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. Casinos are not specifically listed. However, the list includes “cinema halls, theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities at any time during which it is open to the public.” “Other entertainment facilities” is interpreted to include casinos. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require casinos to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes hotels. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of hotels and other lodging to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated smoking areas. The list specifically includes “hotels.” Guest rooms, however, are not specifically addressed by the law. Therefore, it is uncertain whether guest rooms are included in the list of places where designated smoking areas are permitted. Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require hotel guest rooms to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “prisons” and “police stations and cells.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of prisons and detention facilities to be 100% smoke free.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “trains, passenger vehicles . . . and other public conveyance” and “public service vehicles.” However, it would be impossible to set aside specially designated smoking areas in such ground transportation in a manner that meets the criteria of Sec. 35 (ventilated to the outside and air does not drift to other areas, in which non-smoking people do not have to enter while smoking is occurring, and enclosed from floor to roof with a door). Thus, inclusion of ground transportation in the Sec. 33(2) list lends uncertainty to this area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including trains, buses, and other shared ground transportation.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “public service vehicles.” Public service vehicles, as defined by the Traffic Act, include taxis and other for-hire vehicles. However, it would be impossible for taxis to set aside specially designated smoking areas that meet the criteria of Sec. 35 (ventilated to the outside and air does not drift to other areas, and enclosed from floor to roof with a door). Thus, inclusion of public service vehicles in the Sec. 33(2) list lends uncertainty to this area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should clearly prohibit smoking on all means of shared ground transportation, including taxis.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “aircrafts.” However, it would be impossible for aircraft to set aside specially designated smoking areas that meet the criteria of Sec. 35 (ventilated to the outside and air does not drift to other areas, and enclosed from floor to roof with a door, and others do not have to enter while smoking is occurring). Thus, inclusion of aircraft in the Sec. 33(2) list lends uncertainty to this area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable laws should consistently prohibit smoking on all means of public transportation, including aircraft.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “passenger ships, commuter boats . . . ferries or other public conveyance.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable laws should consistently prohibit smoking on all means of public transportation, including watercraft.

Section 33(2) of the Tobacco Control Act gives an extensive list of public places and workplaces in which smoking is permitted in specially designated areas. The list includes “railway stations, airports, air fields, ports and other public transport terminals.” Designated smoking areas must meet standards set out in Sec. 35 of the Act and, under Sec. 18 of the Regulations, owners and managers of such places must obtain a certificate of compliance.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free.

The Tobacco Control Regulations prohibit smoking in a private vehicle where children are on board.