Last updated: February 24, 2020
Penalties
Content regulation
(e.g., seizure of the product, publication of the violation/violator)
Entities that import, manufacture, distribute, process, sell, offer for sale, or bring into the country
Any person who violates the ban on flavored tobacco products or regulations on the content of tobacco products is subject to a fine of not less than 24 currency points, or imprisonment for a term of not less than one year, or both. (A currency point currently is equivalent to 20,000 shillings.) If the person convicted is a corporate entity, in addition to the above penalty, a court shall impose a fine of not less than 1000 currency points, an order for the surrender of any proceeds of sale of the product to Government, or suspend the trading license of that person for a period of not less than six months. In addition, a court may order the seizure, forfeiture or destruction of the prohibited material, at the cost of the offender. Regarding the ban on flavored tobacco, a director, manager or officer of a corporate entity, may be personally held liable for the offense committed.
The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.
Disclosure requirement
Manufacturer, importer, supplier or distributor
The Tobacco Control Law 2015 does not provide a penalty specific to disclosure violations; therefore, the General Penalty under Sec. 44 applies. Thus, disclosure requirement violations are subject to a fine not exceeding 24 currency points or imprisonment for a term not exceeding six months. (A currency point currently is equivalent to 20,000 shillings.)
The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.
