Smoking tobacco out of people’s lives

By Brenda KageniRachel Kitonyo may not be a favourite with tobacco manufacturers and smokers in Kenya due to her recent work in tobacco control. In fact, if she was to have her way, Kitonyo would be perfectly happy in a Kenya where no one smoked and no lawful tobacco growing, manufacturing, advertising and usage was taking place."If no one smoked, we would be happy," says the executive director of the Institute of Legal Affairs. However, her brave and dedicated work through the institute in helping draft regulations under the Tobacco Control Act 2007, drafting and lobbying for the passing of the Act and in drafting subsidiary legislation to ban smoking in public places under the Public Health Act have received international acclaim from the Campaign for Tobacco-Free Kids and the Wilkenfeld family, leading to her being awarded of the second Judy Wilkenfeld Award for International Tobacco Control Excellence. Rachel’s moment of fame: She received the second Judy Wilkenfeld Award for International Tobacco Control for drafting laws to curb smoking in public places. Photos: courtesyJudy Wilkenfeld, who died on May 24, 2007, was the Vice President for International Affairs for the Campaign for Tobacco Free Kids. She played a major role in the negotiation of the Framework Convention on Tobacco Control and worked tirelessly to reduce tobacco’s toll for more than 20 years, first as a public official and then as a leader of the Campaign for Tobacco-Free Kids international efforts.The campaign recognises international advocates who have made a major contribution to reducing tobacco use and inspired others to do the same. From nominees from across the world, Kitonyo’s work in Kenya in strengthening the tobacco control bill that had stalled in Parliament for ten years, and her lobbying and uniting diverse groups in support of tobacco control best mirrored Judy’ Wilkenfield’s qualities of uniting and inspiring people, fostering consensus around an issue and nurturing those with whom she worked. Glamorous careerKitonyo’s initial idea of a career in law was the life of glamour with a prestigious law firm. A road accident that left her with a broken arm and dislocated knee, was to however change her focus and become a lawyer of a different kind. "I realised life was too short to waste time not achieving world changing things and I decided to ‘eat’ life with a big spoon."She plunged her energies into The Institute of Legal Affairs.The Institute started informally in 2004 when, after a conference in lobbying and advocacy, some people — mostly lawyers — decided to form a lobby group through which they could enhance the legislative process in Kenya by providing technical support to MPs, law making entities and other stakeholders. They wanted to help a Parliament that often had quorum issues of overpaid and under worked MPs coming up with poor quality legislation. They identified their major problems being lack of research support and lack of expertise on many fields among MPs. "We had 222 people who do not understand the law trying to make the laws for the country without enough research support to do it and at times handling several Bills in a day. Twenty of us began meeting informally, looking at how we could help Parliament. We decided to pick up one Bill at a time and help with it."The first Bill they picked was the Tobacco Control Bill, which had stuck in Parliament since 1998 due to strong lobbying against it by the tobacco industry.The draft in Parliament was a weak one that did not even meet the minimum requirements as set by the Framework Convention on Tobacco Control (FCTC) to which Kenya was a signatory. The convention gave minimum requirements for tobacco control in legislation and a country was supposed to enact domestic legislation based on that.It was also a Bill that affected the largest number of Kenyans, smokers, non-smokers and the economy. As Christians they believed that any addictive stuff should not be allowed. Smokers, who are at a national average of 12 per cent, also needed to be protected from slowly but surely killing themselves. Will kill you"Tobacco is the only thing that if used as recommended will kill you," says Kitonyo. Those who chose not to smoke needed to be protected as well. Of utmost importance was protecting children."It suits the industry’s best interests to addict smokers when they are young. Smoking prevalence in Kenya is highest among school going children. In 2007, the prevalence among 13-15 year olds was 18.2 per cent. Between 2001 and 2007, the rate in smoking between boys and girls that age had equalised. Illnesses resulting from tobacco smoking start after 15 years. That is why it is important we protect the young ones now as they are going to be the productive people in the country 15 years from now."The focus of the Institute’s campaign was the tobacco industry. The industry was bringing in Sh4 billion in taxes annually but the government was spending Sh18 billion in health care from tobacco related illnesses."Are we really benefiting? A lot of illicit trade goes on in the tobacco industry mostly propagated by the manufacturers themselves, which means we still used the Sh18 billion but didn’t get the Sh4 billion. Most smuggled cigarettes are brought into the country by the industry."In June 2007 The Institute helped defend two suits filed by the tobacco industry challenging the constitutionality of the control Act. In October, after much lobbying, the Act was enacted into law. The Institute drafted regulations for the Ministry of Health to ban smoking in public places under the public Health Act. When the ban was challenged in court, the Institute offered technical support to the Ministry and the State Counsel handling the case in drafting the defence.As much as Kitonyo would have been for a complete ban on tobacco smoking, she realised that the greatest challenge was lack of programmes in hospitals to help people who were already addicted. Nicotine replacement therapy was expensive, far beyond the reach of most Kenyans.With the law in place, she has helped start a Tobacco Control Fund which will help start cessation programmes.Under her leadership, the Institute took a leading role in founding a new umbrella coalition, the Kenya Tobacco Control Alliance in 2006. She serves in the executive committee. She is also the first chair of the African Tobacco Control Alliance with a duty to bring people in the continent to spearhead tobacco control."Though I got into tobacco control primarily from the perspective of drafting and lobbying for legislation, it quickly became a lifelong passion. Tobacco control, like smoking, is addictive," she says in her acceptance speech of the Judy Wilkenfeld award.The Institute of Legal Affairs conducts research on legislative issues, review current and proposed laws, draft legislation and amendments to laws, gazette notices, rules, by-laws and memoranda and promoting public participation in the legislative process and lobbying of legislators to pass just and fair laws.Every two to three years, the Institute picks up a fresh Bill to push through. They have so far drafted the following bills: Counsellors, Psychologists and Psychotherapists Bill 2007; Drug and Substance Abuse Control Authority Bill 2007; A bill to regulate alcohol and cigarette advertising and the Alcoholic Beverages Regulation Policy.They are also working on a Bill to control unclaimed financial assets that come up such as when people die without leaving a will."It is estimated that there is some Sh38 billion to Sh200 billion being held by deposit taking institutions. Legally, the ownership reverts to the state. We want to start influencing where that money goes."

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