Stakeholders support Tobacco control law, propose measures to tighten regulation

A display of tobacco and nicotine products. [Courtesy]

Stakeholders drawn from various public and private entities have backed the Tobacco Control (Amendment) Bill, 2024 and called for additional measures to protect Kenyans from health risks associated with tobacco and nicotine products.

The Bill, sponsored by Nominated Senator Catherine Mumma, seeks to amend the Tobacco Control Act, 2007, by introducing tighter regulations on the production, sale, advertising and use of tobacco and nicotine products, including nicotine pouches and electronic cigarettes (vapes).

Representatives from government agencies, the private sector and other stakeholder groups largely supported the Bill, saying the proposed measures will strengthen tobacco control and help curb diseases linked to tobacco and nicotine products.

National Cancer Institute (NCI) Chief Executive Officer, Dr Elias Melly, recommended that at least 30 per cent of tobacco and nicotine-related revenues be earmarked for cancer prevention, tobacco cessation, treatment support as well as health promotion and research.

Before it is enacted, NCI has recommended ring-fencing a portion of tobacco and nicotine-related taxes for cancer prevention and control, in addition to increasing investment in cancer surveillance and research.

“NCI supports the overall objectives of the Tobacco Control (Amendment) Bill 2024 and commends Parliament for seeking to strengthen Kenya’s tobacco framework, but there is a need to strengthen the Bill through additional provisions,” he said.

He made the remarks during an engagement with the National Assembly Departmental Committee on Health, saying the measures they are proposing will significantly reduce tobacco use, lower cancer incidence, improve population health outcomes and healthcare expenditure.

NCI also wants restrictions expanded on advertising, promotion and sponsorship, strengthening regulation of emerging nicotine products, introduction of plain packaging requirements and enhancing tobacco cessation services.

“The emergence of the electronic nicotine delivery system, electronic cigarettes, heated tobacco products, nicotine pouches and other novel nicotine products presents a new public health challenge especially among young people,” he said.

NCI noted that tobacco use remains one of the leading preventable causes of cancer and premature mortality, and its consumption is directly associated with cancers of the lungs, oral cavity, larynx, oesophagus, pancreas, kidney, bladder, cervix, liver and several other malignancies.

According to the World Health Organisation (WHO), tobacco kills more than eight million people annually worldwide, including over one million deaths attributable to second-hand smoke exposure.

A comprehensive national tobacco survey conducted in Kenya, the Global Adult Tobacco Survey (GATS) Kenya 2014, found that approximately 11.6 per cent of adults (about 2.5 million people) were current users of tobacco products.

The survey also demonstrated the highly addictive nature of tobacco products, with 72 per cent of daily tobacco users consuming tobacco within 30 minutes of waking up, an indicator of nicotine dependence.

Kenya is a party to the WHO Framework Convention on Tobacco Control (WHO FCTC), which obligates State Parties to implement evidence-based measures to reduce tobacco consumption and protect public health.

He said the Tobacco Control (Amendment) Bill, 2024 provides an opportunity to strengthen Kenya's compliance with the WHO FCTC while addressing emerging nicotine products that were not adequately contemplated under existing legislation.

“The Institute urges the Committee on Health to incorporate the recommendations, particularly those relating to ring-fencing tobacco cessation services and protection from tobacco industry interference,” Melly urged.

The Council of Governors (CoG) also presented its proposals to the committee and supported the proposed measures relating to public health protection, regulation of novel nicotine products and enhanced packaging, among others, aimed at reducing the burden of tobacco-related diseases.

The CoG, represented by Kizito Wangalwa, however, said that from a constitutional and devolution standpoint, several provisions have implications for devolved health services, county licensing function and implementation responsibilities, which require refining.

He said the CoG’s concerns include ambiguity in county licensing provisions, representation of counties within the advisory committee, duplication between national registration and county licensing systems and funding implications for devolved health services.

“The bill recognises counties, but representation should be institutionalised at the level of the council. This will ensure continuity and institutional representation of all counties irrespective of changes in committee leadership,” Kizito told the committee.

They also raised issues with the proposal to introduce regulation of e-cigarettes, nicotine pouches and electronic nicotine delivery systems, saying enforcement will fall on county public health officers, yet no mechanisms are provided.

He said a new section should be inserted stating that the Cabinet Secretary shall, in consultation with county governments, establish mechanisms for technical support, laboratory testing, surveillance and enforcement coordination for purposes of implementing the Act.

This, he said, will ensure effective implementation and avoid creating underfunded enforcement mandates on counties.

On the clause providing for licensing by counties, he told the committee that it proposes that any person dealing in tobacco products obtain a license from the respective County Executive Committee member.

But Kizito said this provision is ambiguous because it does not specify which County Executive Committee member should issue the license and may also conflict with existing county trade licensing frameworks.

The CoG proposed a new subsection stating that a person intending to manufacture, distribute, store, sell or otherwise deal in tobacco products shall obtain a license from the counties in accordance with applicable county licensing frameworks and any standards prescribed under the Act.