I read the new law passed by the Kenyan Health Minister, Charity Ngilu with much bemusement.Here is the story as covered by the Nation.Is second hand smoke unhealthy?Yes it is.Is Lung Cancer a result of second hand smoke?Indeed it is.But on thing that must be considered when a law is passed is how practical it is to implement.To make smoking in all public places is tantamount to criminalising cigarette sales as most people don't do most of their smoking in the privacy of their own home but at work, restaurants, night clubs, bars, markets, on the sidewalk and other places they spend their time.Therefore to enforce this exercise in futility the Police Force or City Council Police must be beefed up so as to police all these public places so as to catch all puffers in the act.
Any owner of such a building or vehicle who does not comply is guilty of an offence. The owner is required to make sure visitors, workers and clients visiting his place do not smoke by either asking them to stop or leave. If necessary they are required to seek the help of a health or police officer. – Like I said earlier does the government have the manpower to provide a Health or Police Officer for all places that are frequented by the Public in Kenya?I don't think so.
The fine for smoking in public will be six months in jail or a Sh50,000 fine – or both.First of all my legal knowledge may be hazy at this point in time but this seems to be cheaper then the fine for possesing marijuanna (But I have to check on that).So pull out your blunts people!Plus in a country where around half of the population lives on a dollar a day, how will the poor (who constitute a large percent of the country's smokers) come up with the money to pay this fine if they are caught tobbacco handed?This will just open up a new door for the law enforcement authorities to extort money from Kenyans who already have enough problems as it is.
Here is another wonderful example of a witch-hunt in action
The notice says it is now illegal for anybody to import, sell and distribute any tobacco product in Kenya unless the package containing it displays the words Smoking Kills.
That may be the case but so does Alcohol and other then the don't drink and drive message given. Alcohol beverages don't bear any message close to that and we all know that Alcohol also has an adverse affect on the quality of life.I think the same notice should also be put on all Alcoholic beverages sold in the country.I think half of what drove this law is International trends.Ms Ngilu must have been sitting in her plush office in Afya House and read that first World Countries are cracking on smoking and thought, "Hmmmm, why should they be the only ones doing it?I can do it too!"Then she called in her Secretary and dictated this half assed law to her without consulting any Public Policy Analysts.
Let me teach you a new phrase people – adverse impact.This is when a policy or a law has a disporpotionately negative impact on a group. The group in this case is tobbacco farmers.A snippet from the story shows the losses that the farmers stand to incurr
Immediate implementation of the new rules would mean losses to the farmers because they would be denied up to Sh1 billion in annual earnings from the sale of their sole cash crop.
If the Minister did plan on extinguishing the Tobbacco trade she should have consulted the farmers and stake holders in the Tobbacco Industry and set up a time table of action.But in true Kenyan Political manner she did not even bother but rail roaded them.What should have been done is that time-table should have been set up to allow the farmers the time to find an alternative market for their crop.I am sure the government will not be able to support all the people who benefit directly and indirectly through the tobbacco trade from Farmers, Transporters to Tobbacco Retailers. The Farmers' spokesman went on to say that controls should involve stakeholders to prevent the development of an illicit trade to prevent loss of revunue for the Government. A sentiment I wholeheartedly agree with, in its rush to stamp out the trade, the Health Minister has just shot the Government in the foot.
Smoking isn't the healthiest practice but for a Third World Country like Kenya the Tobbacco trade is a neccesary trade. Until the Government is ready to find alternative income earning activities for all who are involved in the Tobbacco trade that the Government itself encouraged and subsidised I think that it is best that the Health Minister review this law to make it more people friendly even if it goes against her lofty ideals.If not I am sure reality itself will deal with this law in a harsh manner.
Class Dismissed!
Late Edit
The High Court has put the breaks on this overly ambitious plan!Seems I wasnt wrong after all!
