Wako says it’s legal to smoke, City Hall warns: you just try

According to the Act, advertising includes “any statement, communication, representation or reference aimed at the public and designed to promote or publicise a tobacco product or encourage its use, or draw attention to the nature, properties, advantages or uses of the product.”

But in various shopping centres in Central Province many shops still carry tobacco advertising. There are also posters advertising various tobacco products.

Two of the tobacco companies contend that they had lodged a case in court and, therefore, cannot stop advertising their products until the matter is concluded.

Josh Kirimania of Mastermind Tobacco ruled out removing posters and advertisements on shops and fliers, saying some aspects of the Tobacco Act were misunderstood.

Infringement

He said the demand to put an end to advertising was an infringement on the freedom of commercial expression. “How does the government expect us to launch new products without advertising yet they have licensed us to trade?” Mr Kirimania asked.

He was supported by the managing director of Bridgeway Logistics, Andrew Muriuki, who told the Sunday Nation that his company’s case had been consolidated with that of Mastermind Tobacco.

“How does the government expect Kenyans to buy a product they have never seen or heard of?” Mr Muriuki asked.

He said his company had invested heavily in the Sir brand of cigarettes, and they have to advertise for Kenyans to know such a brand exists.

Mr Muriuki said his company concentrated its efforts in Central Kenya through posters.

Mastermind Tobacco, whose main brand is Supermatch, also has posters for its new brands. Other than posters and paintings of various cigarette brands, the tobacco companies are also in contravention of section 25 (1) of the Act, which bars them from promoting a tobacco product through advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element and section 29(1) which bars anyone from displaying a tobacco brand element on a non-tobacco product.

Entertainment spots

To beat this, some tobacco companies have chosen to advertise on posters indicating where certain bars and entertainment spots are located.

The punishment for those who contravene this section is a fine of Sh500,000, imprisonment for a maximum of three years, or both.

The head of non-communicable diseases in the ministry of Public Health, Dr William Maina, said that some aspects of the Act had not been fully enforced. “There is a bit of compliance and public health officers are out creating awareness,” he said.