Public places in which smoking is prohibited

• Offices, office buildings and work places including individual offices, public areas, corridors, lounges, eating areas, reception areas, lifts, escalators, foyers, stairwells, toilets, laundries, amenity areas;
• Court buildings;
• Factories;
• Hospitals, clinics and other health institutions;
• Educational institutions of all levels;
• Premises in which children are cared for;
• Public places of worship;
• Prisons;
• Police cells;
• Public service vehicles or any other means of public transportation;
• Public transportation terminals, including airports and airfields;
• Retail establishments including markets and shopping malls;
• Cinemas and theatrical performance halls;
• Sports stadia.

PUBLIC PLACES IN, WHICH SMOKING IS RESTRICTED

• Public places of lodging;
• Bars;
• Restaurants;
• Discotheques.

The owner of a public place where smoking is restricted shall post signs prominently on the premises indicating areas designated for smoking.
Signs where smoking is PROHIBITED and Signs where smoking is RESTRICTED should conform to these regulations.

ENFORCEMENT, FINES & PENALTIES

An owner of a public place who fails to-

• Enforce any of the smoking restrictions under his or her jurisdiction commits an offence and is liable to a fine of not less than 50,000/- shillings and not more than 300,000/- shillings.
• Post prescribed signs and ensure that any designated smoking areas meet the requirements, commits an offence and to a fine of not less than 50,000/- shillings and not more than 300,000/- shillings.
• Smoking in a public place in contravention of the Regulations is an offence and attracts a fine of not less than 20,000/- shillings and not more than 100,000/- shillings.
• Smoking in a public service vehicle or other means of public transport is an offence and attracts a fine of not less than 20,000/- shillings and not more than 100,000/- shillings.

What should you do?

The owner of a public place, or driver of a public service vehicle or other means of public transportation should:

1. Ask a person to stop smoking
2. Ask a person who continues smoking to leave the premises
3. Seek the assistance of an Environmental Inspector when the above fails
4. Not discriminate against any person who asserts their right to a smoke-free environment or who reports violation of these regulations.

Download a Full Document on Control of smoking