Stakeholders from various public and private entities in Kenya have expressed support for the Tobacco Control (Amendment) Bill, 2024. The Bill, sponsored by Nominated Senator Catherine Mumma, aims to amend the Tobacco Control Act, 2007, to introduce tighter regulations on the production, sale, advertising, and use of tobacco and nicotine products. This includes nicotine pouches and electronic cigarettes (vapes). The stakeholders believe the proposed measures will strengthen tobacco control and help curb diseases linked to tobacco and nicotine products.
The National Cancer Institute (NCI) has recommended that at least 30 per cent of tobacco and nicotine-related revenues be earmarked for cancer prevention, tobacco cessation, treatment support, and health promotion and research. NCI Chief Executive Officer, Dr Elias Melly, stated that the Institute supports the Bill's objectives but proposes additional provisions to strengthen it. The NCI suggests ring-fencing a portion of tobacco and nicotine-related taxes for cancer prevention and control, and increasing investment in cancer surveillance and research.
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. In Kenya, a comprehensive national tobacco survey, 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.
The NCI noted that tobacco use remains one of the leading preventable causes of cancer and premature mortality. It is directly associated with cancers of the lungs, oral cavity, larynx, oesophagus, pancreas, kidney, bladder, cervix, liver, and several other malignancies. The emergence of electronic nicotine delivery systems, electronic cigarettes, heated tobacco products, nicotine pouches, and other novel nicotine products presents a new public health challenge, especially among young people.
The Council of Governors (CoG) also presented its proposals to the National Assembly Departmental Committee on Health, supporting measures relating to public health protection, regulation of novel nicotine products, and enhanced packaging. However, the CoG raised concerns about the Bill's implications for devolved health services, county licensing functions, and implementation responsibilities. They suggested refining several provisions to address ambiguity in county licensing, representation of counties within the advisory committee, and duplication between national registration and county licensing systems.
The CoG, represented by Kizito Wangalwa, emphasized the need for institutionalized representation of counties within the advisory committee to ensure continuity and institutional representation of all counties. They also raised issues with the proposal to introduce regulation of e-cigarettes, nicotine pouches, and electronic nicotine delivery systems, citing enforcement concerns. The stakeholders' proposals aim to strengthen the Bill and ensure effective implementation.
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. The Tobacco Control (Amendment) Bill, 2024, provides an opportunity for Kenya to strengthen its compliance with the WHO FCTC while addressing emerging nicotine products. The stakeholders' support and proposals demonstrate a collaborative effort to combat tobacco-related health risks in Kenya.
Key points
- The stakeholders propose additional measures to protect Kenyans from health risks associated with tobacco and nicotine products.
- The National Cancer Institute recommends ring-fencing a portion of tobacco and nicotine-related taxes for cancer prevention and control.
- The Council of Governors suggests refining several provisions to address implications for devolved health services and county licensing functions.
