Last updated: February 24, 2020
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Public health officers under the Public Health Act; Environmental inspectors appointed or designated by the National Environment Management
Any person who violates the ban on tobacco advertising, promotion and sponsorship contained in Sec. 14 of the Tobacco Control Act is subject to a penalty of a fine of not less than 24 currency points (a currency point equals 20,000 shillings) or imprisonment for not less than one year, or both. If the person convicted is a corporate entity, in addition to the penalties above, the corporation will be subject to a fine of not less than 1000 currency points, an order for surrender of any proceeds of sale of the product, or suspension of trading license for not less than six months. In addition, a court may order the seizure, forfeiture, or destruction of the prohibited material. A director, manager, or officer of a corporate entity may be held personally liable for the committed offense.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for effective, proportionate, and dissuasive penalties that are commensurate with the nature and seriousness of the offense.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Public health officers under the Public Health Act; environmental inspectors appointed or designated by the National Environment Management
Any person who violates the ban on tobacco advertising, promotion and sponsorship contained in Sec. 14 of the Tobacco Control Act is subject to a penalty of a fine of not less than 24 currency points (a currency point equals 20,000 shillings) or imprisonment for not less than one year, or both. If the person convicted is a corporate entity, in addition to the penalties above, the corporation will be subject to a fine of not less than 1000 currency points, an order for surrender of any proceeds of sale of the product, or suspension of trading license for not less than six months. In addition, a court may order the seizure, forfeiture, or destruction of the prohibited material. A director, manager, or officer of a corporate entity may be held personally liable for the committed offense.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for effective, proportionate, and dissuasive penalties that are commensurate with the nature and seriousness of the offense.
