Farmers raise concerns over Tobacco Bill

Tobacco farmers in Tharaka-Nith and Meru during a public participation forum on the Tobacco-Control (Amendment) Bill 2024.  [Phares Mutembei, Standard]

Tobacco farmers in Tharaka-Nith and Meru counties have raised concerns over the Tobacco-Control (Amendment) Bill 2024 during a public participation forum at Kaanwa Market and Kamundi hall.

At Kaanwa, National Assembly Departmental Committee on Health members led by the vice chairperson and Chuka-Igambang'ombe MP Patrick Munene took time to take farmers and other stakeholders through the document, including proposed steps to regulate emerging nicotine products made using synthetic nicotine.

After sensitisation on matters touching on tobacco production, packaging and licensing, various stakeholders aired their opposition on some provisions, urging the MPs to make more changes to the Bill.

Nyeri Town MP Duncan Maina Mathenge was of the view that some farmers had initially been misinformed that the proposed changes were intended to stifle tobacco farming.

Mr Mathenge said they were just introducing controls on new products, including some which were not made from natural tobacco but are synthetic, pointing out that the existing law did not cover those products because they were not yet on the market at the enactment of the law.

“We are introducing the control of new products that are not natural tobacco but synthetic,” the lawmaker said.

Mathenge said the existing law had not covered the products because they were not in the market when it was enacted, hence the proposed amendment.

He said the committee had received varied views from stakeholders on licensing and standards, with some of them recommending a ban on synthetic nicotine products because they posed competition with locally produced tobacco.

He said tobacco farming being an important economic activity and source of income for many people in the area, their input was key.

Mr Munene reiterated that the proposed amendments were targeted at protecting tobacco farmers from 'synthetic nicotine products manufactured in laboratories'.

Munene explained that the products, being not natural tobacco, had potential to compete with locally grown tobacco, something that affects the market and livelihoods.

He said protecting locally grown tobacco from synthetic alternatives would have the effect of helping protect the economic activities supported by the crop.

The presence of such products could affect the tobacco economy, he said.

Munene noted that some synthetic nicotine products were already being sold in supermarkets, and chemists, and revealed that the committee was ready to support measures to regulate products that were not made from natural tobacco.

“We are ready to support our people,” he said.

He advised tobacco farmers to form cooperative unions to bolster their bargaining power and empower them to get more benefits from tobacco farming.

Erastus Mbogori, a farmer, said the Bill was important but some sections required additional review to address farmers’ concerns.

Mr Mbogori said farmers were particularly concerned about provisions on packaging, saying they normally used dried banana leaves in handling their tobacco.

He demanded to know whether farmers would continue using traditional packaging methods or will be required to adopt alternative forms of packaging.

Mbogori raised concern over the proposed licensing requirements, as farmers feared the licences could come with additional financial obligations, or taxes.

“As stakeholders, some of those sections need to be amended further,” he said.

Pubs, Entertainment and Restaurants Association of Kenya (Perak-PERAK-Tharaka Nithi) Chairperson Nicholas Mutua echoed the concerns, particularly on the proposed licensing.

Mutua pointed at Sections 20A(1) to 20A(5), opining they required further consideration to make sure the requirements were clear and practical for businesses dealing with various tobacco products.

He rooted for a regulatory framework that clearly defined conventional tobacco products from emerging nicotine products and one that provides clear licensing requirements for businesses.

The proposed Tobacco Control (Amendment) Bill, 2024 seeks to expand Kenya’s tobacco-control framework to cover emerging nicotine products, including electronic nicotine delivery systems, e-hookahs and nicotine pouches.

It also proposes measures on nicotine content, packaging and health warnings, as well as restrictions on the sale of tobacco and nicotine products to persons below 18 years.

The Bill further proposes restrictions on digital advertising and the use of tobacco and nicotine products in places where food and beverages are prepared, served or consumed, alongside measures to address tobacco-related waste and pollution.

In Meru, Dr Michael Kariuki, the Secretary General of Harm Reduction Society of Kenya that works in reducing harm in alcohol, tobacco and pesticides through evidence-based science, said the Bill needed 'serious amendments' as it gave the Health Cabinet Secretary a lot of powers.

"He (CS) is doing the job that Kenya Bureau of Standards (KEBS) is supposed to do!" Dr Kariuki said.

He added: "As a society we have been able to give our opinion. We strongly feel that some clauses need serious amendments and of course we have some issues that have been omitted in the Bill. One of them is the definition of tobacco control which has completely been omitted, even from the original Tobacco Control Act of 2007."

Maxwell Mutwiri, a shopkeeper, said opposed the proposed separate license for cigarettes, lamenting it was tantamount to over taxation.

"The profit margin from my cigarette sales is very negligible so for me to be required to get a separate license for cigarettes does not make business sense," Mr Mutwiri said.

Sharon Kendi, a youth leader, opposed attempts to dictate the choice of flavours.

"We are adults and should be allowed our choices. They should do away with the flavours and allow us to choose our flavour preferences," Ms Kendi said.

Dominic Kirimi said the traders in tobacco products would be overtaxed if the Bill was passed.

"We oppose the bill entirely and are demanding that our MPs listen to the business people who sell these products," he said.