Traders, youth push back as MPs weigh tough new tobacco rules

The stakeholders raised their concerns during public participation on the Tobacco Control (Amendment) Bill, 2024, before the National Assembly Committee on Health.

The Bill seeks to amend the Tobacco Control Act to create a regulatory framework for newer products such as electronic nicotine delivery systems, nicotine pouches and heated tobacco products, which have steadily gained ground in the Kenyan market.

It proposes stricter controls on the manufacture, importation, distribution, sale, promotion and advertising of tobacco products, including on social media and other digital platforms.

The legislation, sponsored by nominated Senator Catherine Muma, would also bar the sale of tobacco products, including electronic nicotine delivery systems, to anyone under the age of 18.

In the memorandum of objects and reasons, Muma said the changes were necessary because new products had entered the market without adequate regulatory oversight.

"This is necessitated by the current situation where products have been introduced into the market and distributed without authorisation or understanding of the public health impact of such products," she said.

Under the proposals, electronic nicotine delivery systems and other specified products would require prior authorisation from the Cabinet Secretary for Health before they can be manufactured, imported, distributed or sold in the country.

Businesses warn of unintended consequences

Business representatives, however, questioned whether the proposed enforcement measures could hurt legitimate operators.

Boniface Gachoka of the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) opposed the Bill's penalty regime, arguing that the proposed fines and sanctions could place smaller businesses under undue financial strain.

He warned that excessive penalties risked pushing legitimate traders out of the market while opening the door to illicit operators.

Michael Muthami, national chairman of the Pubs, Entertainment and Restaurants Association of Kenya (PERAK), backed the push to strengthen tobacco regulation but called for products to be treated according to their characteristics.

Muthami argued that the Bill should distinguish between combustible tobacco products and non-combustible alternatives based on their relative harm, adding that the framework should recognise what he termed harm-reduction principles under the World Health Organization Framework Convention on Tobacco Control.

The proposed licensing requirements also drew criticism from Bunge la Mwananchi.

"The Bill's new licensing requirements would raise the cost of compliance for traders without a corresponding public health benefit. I propose that the licensing framework be reconsidered," said Hagai Thenye, a representative of the organisation.

Youth oppose online sales ban

Young people who appeared before the committee zeroed in on a proposal to outlaw the online sale of tobacco and nicotine products.

The Bill states: "A person shall not sell or offer for sale tobacco products including nicotine pouches and electronic nicotine delivery systems online."

Anyone found in breach of the provision would face a fine of up to Ksh.500,000, a jail term not exceeding three years, or both.

The youths told MPs that the restriction could cut off people earning a living as online sales agents, brokers and intermediaries, and urged the committee to ensure the final law regulates the industry without shutting down legitimate economic opportunities.

Their submissions add a new layer to the debate on how Kenya should regulate newer nicotine products, as policymakers attempt to balance public health concerns, consumer protection and the interests of businesses operating in the sector.

The committee is expected to consider the views gathered during public participation as it continues scrutinising the proposed amendments.