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Ministry and city council differ on smoking ban
People smoking cigarettes in public. The central and local governments have differed on the public smoking ban. Photo/FILE
The central and local governments were on Monday reading from different scripts on smoking in public.
Whereas the Local Government ministry said smokers were free to light up in the streets and even inside their cars, the Nairobi City Council said those who do so will be arrested.
Town Clerk John Gakuo said the ban on smoking in public places in the Central Business District was still in force and those found contravening the law introduced last year would be prosecuted.
This was just hours after minister Musalia Mudavadi clarified that the definition of a public place in the council by-laws and the Tobacco Control Act differed and suggested that the latter was superior.
Smoking outdoors
Mr Gakuo’s remarks appear to contradict a notice published on Sunday in the Press by the ministry, which said those found smoking in such areas cannot be arrested under the Tobacco Control Act.
“Smoking outdoors, in open places including any public street, beaches and open areas is not banned under the Act,” read the notice.
The notice, signed by the Local Government permanent secretary, Mr Sammy Kirui, says the Tobacco Control Act supersedes the Local Authorities Act “and any by-law that is inconsistent with it is null and void to the extent of inconsistency”.
On Monday, Mr Mudavadi said the ministry had sought clarification from Attorney-General Amos Wako on the proper definition of a public place, to review the ban on smoking in public places.
“Under council by-laws, what you describe as a public place is different from what a public place is under the Tobacco Act,” he added.
He said the council askaris were overstepping their mandate by arresting people found smoking even in their vehicles.
Mr Mudavadi was speaking after a ground-breaking ceremony for a block of serviced apartments owned by the Local Authorities Provident Fund at their offices in Nairobi.
On the doubling of parking fees in Nairobi, set to start this week, Mr Mudavadi said it was justified by the assumption that anybody who owned a vehicle is not poor and can afford it.
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If smokers will be allowed to smoke in public places, we need to be afraid. Very Afraid. In this country, we seem to be making one step in the forward and five backwards. With all the trust Kenyans have in Mudavadi, we expected better than this. Come on Mr. Deputy PM, you still have time to correct the situation before Kenyans start cursing you.
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In the UK a general ban is in place, that does not include roads, cars and streets. This seems to be a revenue generating scam by the council. Smoking like everywhere else should be banned only in enclosed public places open to the general public. We may as well ban drinking in pubic place including bars, its causes liver damage, results to drink driving deaths and violence in the homes. Gakuo has no place in a modern society. What happended to the right to enjoyment and civil liberties, tobacco is still legal the last time I checked.
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Does the constitution say anything about this issue? Oh, I am sorry I forgot that the constitution is actually a fine document lying somewhere ina government office with less than full meanining.
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