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Smoking ban more than welcome PDF Print E-mail
Written by Dan Teng'o   
Sunday, 15 July 2007

The ban on smoking in public places is a literal breath of fresh air to residents of, and visitors to Nakuru, Mombasa and Nairobi. 

Local authorities in other jurisdictions would do well to follow the path-breaking move.  Apart from making our towns grungy, smoking in public places has left many non-smokers reeling from a harmful combination of smoke from the burning end of the cigarette and the smoke breathed out by smokers. Most establishments have made no attempt to protect non-smokers from toxic wisps of secondhand smoke, which are a known to contain more than 4,000 chemicals, many of which are toxic and carcogenic.

Indeed, current scientific knowledge has shown that secondhand smoke makes the blood vessels of a non-smoker behave like those of a regular smoker, damaging the lining of blood vessels and increasing the likelihood of a deadly heart attack.

Secondhand smoke, the only source of air-borne nicotine, also irritates the skin, eyes, nose, throat, and makes people with allergies or a history of breathing problems even sicker. Breathing second-hand smoke is a known cause of sudden infant death syndrome. Children are also more likely to have lung problems, ear infections, and severe asthma from being around smoke.

Yet some smokers feel that they should be allowed to continue practising this dangerously harmful habit in public places. Some have charged that the smoking ban is cramping their style and curtailing their human rights, but they forget that smoking is not a right.

Everyone has a right to breathe clean air and smoking in public places flies in the face of that fundamental right. All it is, is a rush of blood, and leaves alight with substances that clog our arteries, foul our breaths, sting our eyes and shorten our lives.

Smokers should be grateful that local authorities have magnanimously offered them "smoking zones" where they can continue their bothersome habit and write their obituaries. Some smokers have trivialised this issue with the two-bit argument that the government should also ban nose-picking and other idiosyncrasies that may not be socially acceptable.

This is a vacuous prospect that glosses over the verified fact that smoking - and secondhand smoke - are certified health hazards. A person picking his or her nose next to me won't harm my health. A smoker will. A ban on smoking in public places helps to prevent someone's cigarette smoke from sticking in my pores. It orotects my freedoms, from those of another.

Much as smoking is an individual choice and a cigarette is a legal product, it bears mentioning that cigarettes are not less addictive than cocaine, marijuana and other toxic substances pushed to us by individuals and companies whose sole objective is profits and more profits at the expense of people's lives.

I concede that the ban on smoking in public may have a ring of the nanny-state to it, not least to smokers, but we sorely need it because the importance of cleaner air cannot be gainsaid. In any case, Kenyans already abide by a raft of other laws that regulate private behaviours, especially as they relate to other people.

As partygoers who meld alcohol with cigarettes grouse about the ban affecting their "fun," they should spare a thought for the scores of Kenyans who have been forced to make ends meet by working in smoky restaurants, pubs and other entertainment spots. Cigarette smoke is a dangerous pollutant that many people would rather avoid at their workplaces.

Most whining office workers enjoy smoke-free workplaces and they should allow folks in the hospitality industry to enjoy the same. Business owners should not be allowed to jeopardise the health of their employees in their blind pursuit of profits.

Non-smoking zones within restaurants, entertainment haunts and other social places are not as airtight as many would think. Studies have shown that a non-smoker sitting in the non-smoking section of a restaurant for two hours would breathe the equivalent of smoke from one-and-a-half cigarettes.

Sitting behind someone smoking in a bar for two hours would be the equivalent of smoking six cigarettes, and working in a smoker-friendly office for eight hours would be equivalent to smoking six cigarettes - without even lighting up!

Life is short. And smoking shortens it even further, by a decade, according to a report released by the World Health Organisation in 2004 after a 50-year study.

The Nakuru, Mombasa and Nairobi councils are on the right path. Other councils should follow their lead and ban smoking in public places. It will keep our environment clean and save lives .


Dan Teng'o
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Foolishness frolicking...
written by aeichener , July 16, 2007
Once again, a Kenyan who has not understood what it is all about, and therefore jubilantly hails a new stupidity. I shouldn't be surprised to read such in KenyaImagine, not after the primeval disgrace of David Mathai's "Local Brews" article that set the mark so low that hardly a limbo dancer could pass beneath it.

Once again, an editor has taken the self-definition "comunity-based" too literally. If idiocy if the base of our national community, does that mean it must be the base of KI?

1. The smarmy tear-wrenching example of the miasmatic office shortening the life of its workers is the exact contrary of "public space".

2. It is ridiculous and soooooo Kenyan to fine (and/or arrest) people who do nothing else than smoke harmlessly for others *in the fresh air*, under the open sky.

3, Only in Kenya... the land where any wild animal is worth more than humans, where every foreign shoe is licked exactly as long as the licker needs to vomit on it, and where every new legal stupidity is accosted by a mass of eulogizing lemmings. Welcome to the fools' paradise.

Alexander
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...
written by emmo opoti , July 16, 2007
The question would be whether or not City Hall is competent to make by-laws in this way. Is it right that we allow some councillors to make up such laws in such an arbitrary manner?

That said, I am for the most draconian legislation possible on smokers. Every last place I have been in that the smokers' 'fundamental rights' have been curtailed, there has been an improvement not just in lives but in the general state of human life.

public space Some jurisdictions would have thought to define this more specifically. Certainly smoking in an enclosed area that is a public space is outlawed and rightly so. I am not sure whether the city fathers, some of whom are no doubt smokers would have meant to prohibit smoking at Machakos Airport or other such places.

city council askaris A hard job, especially for those with little if any training on the laws they are supposed to be enforcing. Our experience with littering, with hawkers and so on, makes a persuasive case that they will be persecuting innocents, and extorting money from any suspects. Here's to poverty reduction.

Still, on smoking, this foul and anti-social habit, I will happily hurl myself in along with any other moralistic, righteous lemmings.
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smoking ban
written by myckhaelpro , July 16, 2007
this not only lives the city council with a hard task, but the nairobians SHOULD see that the city under the sun as it was well known in the past is coming back to lixfe.
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written by aeichener , July 16, 2007
I agree with Emmo's statement about smoking being a "foul" habit; hardly could the adjective be employed more literally.
I also agree that it is an intrinsically anti-social habit because of being both objectively noxious and subjectively annoying to suffering others, even though is is quite often found in "social" places.

Having said this, and additionally stating that as a non-smoker I dislike smoke stench, smelly nicotine fingers and littered fags strewn over the ground, what I find even more repellant are the vicious and hateful anti-smokers.

Lastly, what has already been reported in the press were city council gorillas harrassing and fining harmless inoffensive people for smoking on the street or on a matatu stage! Evidently, as Emmo quipped, a ploy for poverty reduction.

A thorough discussion about what would be desirable content of anti-smoking legislation, what would be at least discutable content, and what would be inacceptable, would certainly be in order. But not with such a pied piper as the original author, who simply did not get it. Same style as David Mathai's appalling ignorance on local brews, the nadir of KI's publishing history.

Alexander
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written by don , July 16, 2007
wow... all those who agree with this must have the intellect of a child.

Now you think i'm insulting you don't you?

To answer that... let me ask why you need a "parent" sitting on his leather chair to tell you what you can and cannot do with your hard earned money and to your own body? well that is being a child... last I checked.

A poem for you all those who think this is a good idea...

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.


Pastor Martin Niemöller

Let the goverment take your rights.... then see where you will be...
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written by Stephen Wanyama , July 17, 2007
Eh, they came for the smokers? I think most smokers will agree that they need help kicking a very unhealthy habit. All power to the city father's elbow, and may the poverty of all Nairobi be reduced.
#
City askaris get to extort money from wananchi with too much of it. Wananchi with foul habits and strong constitutions get a hand from their local government that enables them to save thousands upon thousands of shillings every year.
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Alex the petulant,
Macharia Gaitho in his column today, testifies that Dan Teng'o is right after all. Nairobi does outlaw smoking even in the open air, which our sagacious city fathers have very rightly decided is public space. Now back into your burrow.
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re: Oppression
written by aeichener , July 17, 2007
Nairobi does outlaw smoking even in the open air


That was indeed as it appeared. So the law is really as oppressive as thought.

Now back into your burrow.


In many Kenyan cultures, it is traditionally a sign of good luck to see an aardvark at daylight. Consider yourself happy thus. smilies/smiley.gif

Alexander
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let\'s throw a party
written by Stephen Wanyama , July 17, 2007
Er, oppressive to who? To the smokers who foul our clothes and lungs with their inconsiderate habit? Who burden us with their bills for healthcare, who deprive us f their company by their early deaths, who distress us with their painful cancers? Oppress them, I say, more and more each day.

You were attacking the author, very unfairly. Saying he had not done his homework, etc, etc. The usual hyperbole. He has been vindicated, and like most people including the majority of smokers, is happy for the ban as wide as it is. As to antbears, are you familiar with the death by a thousand bites?

Why are cigarettes the only poison we allow ourselves to consume?
----
Now, if Mastermind and BAT were run out of the country, and all that good land used to grow something that was acually useful. That would be the day. Whoever thought the illiterates at City Halls would be setting an example for our spineless MPs.
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Only in Kenya... the land where any wild animal is worth more than humans, where every foreign shoe is licked exactly as long as the licker needs to vomit on it, and where every new legal stupidity is accosted by a mass of eulogizing lemmings. Welcome to the fools' paradise.

Smoking should not be seen as a civil rights issue. It is not one. Smoke all you want in your house, burn yourself, fry your lungs, whatever.
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What is freedom
written by don , July 17, 2007
Stephen,

You try so hard to be oppressed. You will never understand the meaning of freedom.

This is sad for all of us.

Peace
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Freedom. Liberty. Rights.
written by aeichener , July 17, 2007
"Liberty, when in place, grants the right of the citizen to do what he chooses, as long as he does not stomp on the rights of others."
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And the Terror of Virtue
written by aeichener , July 18, 2007
In fact, what we are dealing with here - as history can teach us, if we are willing to listen to her - is the terror of virtue. I watched a rather impressive movie on the French Revolution yesternight (with Klaus Maria Brandauer as Danton, and excellent further actors who appeared very, very close to the historical protagonists indeed; not a case of a dunce like Tom Cruise playing Stauffenberg), and that's why the comparison was so burned into my impression.

Contrary to Robespierre's fanaticism, the democratic, liberal state has no right to compell its citizens to be virtuous, and exactly this is what the "smoking ban" undertakes. Terreur de la vertu, indeed. (I like "Les malheurs de la vertu" better, but that's another subject... ;-))
The next thing would be an introduction of complete alcohol Prohibition, sponsored by ignorant dunces like David Mathai I suppose.

On the other hand, the difference between a reasonable and an unreasonable ordinance is very clearly perceptible if one compares the parallel city by-law on certain (!) plastic bags with the smoking ban. The former is moderate, differentiating, uses discretion and moderation. It very directly serves the public interest, while not unnecessarily infringing on individual rights. Unfortunately, most print journalists have misreported the real substance of this by-law, and to whom it applies (NOT to consumers/customers, NOT to buyers, NOT to Wanjiku carrying their goods in a flimsy plastic bag instead of a basket).

Whereas the smoking ban is almost a prototypical example of a law (or, as here, by-law) that may not only be void because of lack of legislative jurisdiction, but is so also and foremost because of immoderate and unconstitutional content.

An easy exercise for any second-year law student in any civilized country. For the purpose of this exercise only, I would even exceptionally admit the Nation of Gilead among "civilized countries".

Alexander
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