To stem the adverse effects of the anti-smoking laws, local authorities have been forced to build special smoking sheds.
Jump to full article: Business Daily Africa (The Nation) (ke), 2008-10-26
Author: Written by Allan Odhiambo
Intro: ttempts by local authorities to flex their muscles in the anti-tobacco campaign may soon run out of steam as the central Government once again overruled the provisions of some by-laws created by the councils to help fight smoking in public places.
Since last year, several councils including Nairobi and Mombasa have drafted by-laws that bars smoking in public places. Driven by a similar urge to curb smoking, the Government in its part made into law the Tobacco Control Act 2007.
This parallel sets of legislation however pose an instant problem with local authorities sticking to the provisions of their by-laws to push for the campaign while other law enforcement agencies turned to the Act for guidance.
And now the Local Government ministry has issued a fresh warning against any actions that would be taken against smokers outside the provision of the Tobacco Control Act.
"The Tobacco Act supersedes the Local Authority Act and by-laws that is inconsistent with it is null and void in the extent of inconsistent," Local Government permanent secretary Sammy Kirui said. . . .
The effect of this clash has been constant harassment of members of the public by council officials who maintained reliance on the their by-laws. Scores are arrested each day by council officers and made to pay fines for smoking in public.
"We hope this clarification will put to rest claims of harassment of the members of the public arising from the enforcement of such by-laws ... The definition of the Tobacco Act excludes smoking outdoors including any public street contrary to some of the by-laws that have been promulgated by some local authorities," the official said in a statement.
The development comes as a major score for local cigarette manufacturers who had voiced concerns over the council by-laws that were punitive to some of their customers.
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