Kenya to Update Tobacco Law
Kenyan lawmakers want to update the 2007 Tobacco Control Act to account for new nicotine products, reports Nation.
Established to control the manufacture, production, labeling, sale, sponsorship and promotion of tobacco products, the 2007 legislation did not anticipate nicotine products such as e-cigarettes and pouches. Its most recent amendment dates from 2009.
The currently proposed amendment, tabled by Senator Catherine Mumma, will extend the Tobacco Control Act’s provisions to electronic nicotine-delivery systems, their refill containers and nicotine pouches. It also seeks to control the advertisement of electronic nicotine-delivery systems and modern oral products. In addition, the amendment will require manufacturers to secure approval from the Cabinet Secretary for Health for the manufacture, importation, distribution, storage or sale of nicotine products.
“The principal objective of [the bill] is to amend the Tobacco Control Act to provide for the regulation of electronic nicotine-delivery systems that include electronic cigarettes and related products, regulate the sale of tobacco and tobacco products for persons under the age of 18 years, regulate advertisement and ensure prior authorization of tobacco and tobacco products by the Cabinet Secretary,” said Mumma.
The number of Kenyans who smoke has been increasing over the years and is projected to hit 3.61 million by 2029. According to Consumer Insights, Statista, there were about 3.1 million tobacco users in Kenya at the end of 2022.
Statista notes that the number has been rising in the past 15 years and is estimated to increase by another 5.8 percent over the next five years.
Stakeholders have been urging the government to increase tobacco taxes to curb the rising cigarette consumption, especially among young people.
“We want cigarettes and tobacco products to be expensive so that they are out of reach of children,” said Celine Awuor, CEO of the International Institute for Legislative Affairs, during the third annual Conference of Tobacco Taxation hosted by the National Taxpayers Association, which was reported by Africa Science News.
“We are having products that are cheap and relatively affordable, meaning that young people are able to access and pick up these habits early and then get hooked into addiction.”
Currently, taxes in Kenya constitute 32 percent of the retail price, well below the World Health Organization’s recommendation of between 70 percent and 75 percent. And whereas the WHO advocates uniform taxation for all tobacco products, the Kenyan cigarette tax system distinguishes between filtered and unfiltered cigarettes.
Meanwhile, Tobacco Control Board chair Naom Shaban highlighted the challenges presented by illicit tobacco products, which have been gaining market share. “These products are dangerous because we don’t know their contents and they bypass health regulations,” Shaban was quoted as saying.
