A leading tobacco company wants the Government to suspend the new law banning smoking in public and consult more on the best way to regulate smokers. Two weeks ago, Health minister Charity Ngilu announced the law would come into force within 14 days. The notice to bring the regulation into effect had been highly expected in last Friday's issue of the Kenya Gazette, but it did not feature.

Now British American Tobacco (BAT) Kenya, the largest cigarette manufacturer in the country, says the industry needs more time to adjust to the new legislation.

"The industry is of the view that whereas regulation should be enacted soonest, the time frame given does not take into account the processes required by manufacturers, owners of public entertainment places and other buildings to make provisions to accommodate the new changes in law," says corporate and regulatory affair director Keli Kiilu. The company says the Government must strike a balance between the needs of smokers and non-smokers.

It takes issue with the regulation prohibiting the sale of cigarettes sticks. "It is the view of the tobacco industry that regulation should be practical, workable and enforceable, while taking into account the socio-economic realities inherent in Kenya. Laws made in other countries should be made suitable to local conditions," he says.

To ensure full compliance on changes to packaging, the company says "adequate lead-time is required to give manufacturers sufficient time to clear current stocks as well as print and produce new packs."

The company insists that the Government should wait for the passage into law of the proposed Tobacco Control Bill, which is more encompassing and a product of wide consultation. "It is worth noting that public place smoking in addition to advertising, marketing and other issues have been addressed in the proposed Tobacco Control Bill 2006, which is before Parliament awaiting debate," he says.

Kiilu notes that the company has initiated self-regulation that has addressed the issues now being legislated against. Globally, cigarette manufacturers have taken the lead in addressing public place smoking in conjunction with key stakeholders including owners of entertainment venues.

"Over the last five years, BAT Kenya has promoted the Courtesy of Choice programme in partnership with the Kenya Hotel Keepers and Caterers Association to improve ventilation in restaurants, create smoking zones to effectively address air quality and other means to address the concerns of non-smokers," says Mr Kiilu.

Next month, he says, the company will launch a public place smoking programme in partnership with the hospitality industry.

Earlier in the year, the company departed from the age-old tradition of categorising cigarette as "Lights", "Full Flavour" or "Menthol" in what it termed as response to anti-smoking pressure.