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OPONDO: Why it will be difficult to enforce Tobacco Control Act 

It took almost a decade for the Tobacco Control Act to be signed into law by President Kibaki on October 27, 2007, and, immediately, non-smokers sighed with relief because they believed that those who puffed anyhow and anywhere had had a field day for far too long.

Although the legislation brought tobacco manufacturers and anti-smoking lobbyists at loggerheads initially, the Government straddled in and supported it on grounds that smoking-related ailments drained the national coffers. . . .

It is hoped that, among other things, the Ministry of Health will speedily establish the Tobacco Control Board and the Tobacco Control Fund to advise the minister on the law and act as a reserve for monies to the board, respectively.

For example, the Act demands that public places designate areas for smokers and obligates parents and guardians to ensure that their children are free from second hand tobacco smoke at all times. This is clearly possible in public places. But it may prove difficult to enforce in the private homes of smokers.

Then there is a requirement that tobacco products must not be sold to people under the age of 18. Here, the law demands that sellers of such products get documentary confirmation on age of buyers.

This is not possible in a capitalist, free-market economy such as Kenya's.

This provision assumes that all traders, regardless of their status, are morally upright and would gleefully assist the Government in implementing the new law.

For many years, there has been a ban on selling alcoholic beverages to consumers under the age of 18. Our experience tells us that the law has largely been ignored, and we have seen underage school children helplessly inebriated.

Another clause in the Tobacco Control Act aimed at elbowing out the underage from smoking is the one requiring that cigarettes be sold in packets containing at least 10 sticks.

Research has shown that most smokers rarely buy their cigarettes in packets

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