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{
    "id": 605002,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/605002/?format=api",
    "text_counter": 81,
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    "content": "This requires obtaining of a Certificate of Compliance from the Director of Medical Services in the form set out in the Forth Schedule. Mr. Temporary Speaker, Sir, Part 4 provides that the Cabinet Secretary for health shall maintain a technical depository for the required non-smoking warnings. Under Part 5, it discusses the Public Tobacco Industry Regulations. This is critical because the Cabinet Secretary indicates that this part seeks to domesticate Article 5.3 of the World Health Organization (WHO) Framework convention on Tobacco Control. This states as follows. “In setting and implementing their public health policies with respect to tobacco control, parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with international law.” The requirement to be fulfilled in interactions of public authorities with tobacco control includes what is provided under Regulation 22. It provides the limitation to the extent that is strictly necessary to ensure effective tobacco control enforcement of relevant laws. It ensures that the disclosure of any prior interaction or intentions of that interaction with the tobacco industry. At the Committee of the Whole, we will provide a number of the regulations that we think need to be amended or annulled to give effect to that. The Tobacco Control Fund is established under Part 6, which principally deals with the Tobacco Control Fund. Regulation 37 states that a solation contribution payable to the fund by the tobacco industry shall be 2 per cent of the value of the tobacco product manufactured and imported in that financial year. This is one of the issues that we will address in the Committee of the Whole because these solation contributions amount to taxing. The Constitution and the Public Finance Management Act provides clearly on the means, ways and how to impose taxation. This goes contrary to the Constitution and the Act. This is not provided by the Tobacco Control Act. Therefore, it will address that. Regulation 38(1) gives power to the Cabinet Secretary to direct the property forfeited to the State under Section 52 of the Tobacco Control Act to be transmitted to the Fund. Part 7 on enforcement gives power to authorized officers to enforce the regulation. Regulation 29 provides that an authorized officer include Medical Officers of Health, the Custom officers, police officers the Administration Police officers, Prison officers, the Local Authorities Inspectorate officers and the Kenya Forest Rangers. These are the officers indentified in this part as officers who can help in the reinforcement of these regulations. Part 8 provides miscellaneous provisions that the board shall make regulation under regulation 41 to convene annual public hearings at the national and the county level to receive reports, public views and comments from interested persons. Mr. Temporary Speaker, Sir, some of the key issues for consideration when the Committee sat down and scrutinized these regulations, was that Kenya signed and ratified the WHO Framework for Convention on Tobacco Control. This was partly domesticated within the Tobacco Control Act as provided. Some of the issues are captured within the regulations. Kenya domesticated the Convention under the Tobacco Control Act in 2007, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}