Ministry and city council differ on smoking ban

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.