Last updated: September 18, 2019
Penalties
Sales Restrictions
A violation of the ban on vending machine sales is subject to a fine not exceeding two million shillings or imprisonment for a term not exceeding two years. Each day an offense is committed may be considered a separate violation.
In addition, a court may make an order: (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; and/or (b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offense under the Act.
A violation of the ban on smokeless tobacco is punishable by: (i) in case of a manufacturer, a fine not exceeding five million shillings, imprisonment for a term not exceeding twelve months, or both; or (ii) in case of any other person, a fine not exceeding two hundred thousand shillings, imprisonment for a term not exceeding six months, or both.
Location-based Sales Restrictions
A violation of location-based sales restrictions is subject to a fine not exceeding two million shillings or imprisonment for a term not exceeding two years. Each day an offense is committed may be considered a separate violation.
In addition, a court may make an order: (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; and/or (b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offense under the Act.
Minimum Retail Package Size
The law does not regulate the minimum size of tobacco product packages; therefore, there are no associated penalties.
Minimum Legal Sales Age
The penalty for a violation of the minimum legal sales age is unclear. The Tobacco Products (Regulation) Act 2003 states that a violation of the minimum legal sales age is subject to a fine not exceeding two million shillings or imprisonment for a term not exceeding two years. Each day an offense is committed may be considered a separate violation.
In addition, a court may make an order: (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offense; and/or (b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offense under the Act.
However, the Tobacco Products Act Regulations 2014 state that a violation of the minimum legal sales age is subject to a fine not exceeding two hundred thousand, imprisonment for a term not exceeding six months, or both.