Nyeri man to serve time for selling Cigarette sticks

A man was on Tuesday fined Ksh15,000 or he will serve 5 months in prison jail term for selling single cigarette sticks in Nyeri County.

Simon Gichuki, the accused was nabbed by NACADA officials and Nyeri police officers on February 11, 2019, in Kasuku Bar selling the single sticks as opposed to a full packet as instituted by law under the Tobacco Control Act 2007.

Appearing before Resident Magistrate Ruth Kefa, Simon pleaded guilty to the allegations while requesting for leniency citing lack of knowledge about the particular provision of the law. According to the Tobacco Control Act 2007, it is illegal to sell cigarettes in single sticks as one is only permitted to sell in a pack.

“No person shall sell cigarettes except in a package containing at least ten cigarettes, or such other minimum number of cigarettes, not being less than ten, as may be prescribed,” the Act reads in part.

Inset: An excerpt from the Tobacco Control Act 2007 of the Kenyan Constitution

The law also applies to all tobacco products, citing that the number of units in a pack should not be less than ten.

“No person shall sell a tobacco product other than cigarettes, that is prescribed for the purposes of this subsection, except in a package that contains at least ten units of the product, or such other minimum number of units of the product, not being less than ten, as may be prescribed,” the law reads.

The Act further clarifies the consequences of breaking this law, stating a 6-month jail term or a fine not exceeding Kshs 50,000 shillings.

“A person who contravenes any of the provisions of this section commits an offense and shall, on conviction, be liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both,” it states.

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