Kenya's proposed law to regulate tobacco and emerging nicotine products has sparked concerns from the business community and young people. The Tobacco Control (Amendment) Bill, 2024, aims to bring electronic nicotine delivery systems, nicotine pouches, and heated tobacco products under a more comprehensive regulatory framework. The Bill, sponsored by Senator Catherine Muma, seeks to give the Cabinet Secretary for Health powers to authorise the manufacture, importation, distribution, and sale of specified tobacco and nicotine products.
The proposed law has faced resistance from sections of the business community, who have expressed concerns about the proposed penalties and licensing requirements. Boniface Gachoka of the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) warned that heavy fines and sanctions could place smaller businesses under financial strain. He argued that overly punitive measures could drive legitimate traders out of business while creating opportunities for illicit operators.
The Pubs, Entertainment and Restaurants Association of Kenya (PERAK) national chairman Michael Muthami backed efforts to strengthen regulation but called for a distinction between different categories of tobacco and nicotine products. Muthami argued that combustible tobacco products and non-combustible alternatives should not be subjected to identical regulatory treatment. He called for the legislation to take into account harm-reduction principles under the World Health Organisation Framework Convention on Tobacco Control.
The proposed restrictions on online sales have also drawn criticism from young people. The Bill seeks to prohibit the online sale or offer for sale of tobacco products, including nicotine pouches and electronic nicotine delivery systems. Anyone found violating the provision could face a fine of up to Sh500,000, imprisonment for up to three years, or both. The youths told MPs that the provision could affect people who earn income as online sales agents, brokers, and intermediaries.
The proposed licensing regime has also been criticised by Bunge la Mwananchi, which argued that additional requirements could increase the cost of doing business. Hagai Thenye, a representative of the organisation, proposed that the licensing framework be reconsidered. The submissions have placed Parliament at the centre of a wider debate over how Kenya should deal with newer nicotine products.
Senator Catherine Muma said the amendments were prompted by the introduction and distribution of products whose public health impact had not been adequately assessed. She stated that changes are necessary because newer products have entered the Kenyan market without sufficient regulatory oversight. The Health Committee will consider the views submitted during the public participation process as it continues scrutinising the Bill.
The debate over the proposed law highlights the challenges of regulating emerging nicotine products. While the proposed amendments seek stronger oversight of an evolving market, stakeholders remain divided over how far regulation should go and whether some measures could hurt legitimate businesses and emerging online livelihoods. The committee's recommendations on the proposed amendments will be crucial in shaping Kenya's approach to regulating tobacco and nicotine products.
Key points
- The proposed law aims to bring electronic nicotine delivery systems, nicotine pouches, and heated tobacco products under a more comprehensive regulatory framework.
- The proposed penalties and licensing requirements have sparked concerns from the business community and young people.
- The Health Committee will consider the views submitted during the public participation process as it continues scrutinising the Bill.
