Kenya could introduce tougher controls on electronic cigarettes, nicotine pouches and other emerging nicotine products as Parliament considers changes to the country’s tobacco-control laws.
The National Cancer Institute of Kenya has backed the Tobacco Control (Amendment) Bill, 2024, but wants lawmakers to widen the proposed law to cover a broader range of nicotine products and technologies, including those that may enter the market in future.
The institute is also calling for at least 30 per cent of revenue collected from tobacco and nicotine products to be channelled into cancer prevention, screening, cessation services and research.
Senate Bill No. 35 of 2024, sponsored by Nominated Senator Catherine Mumma, has moved to the National Assembly after consideration by the Senate. It was read for the first time on March 31 and referred to the Departmental Committee on Health.
The committee, chaired by Seme MP James Nyikal, is scheduled to hold public hearings in five counties from September 24 to 26 to collect views from members of the public and other stakeholders.
The Bill seeks to amend the Tobacco Control Act to regulate electronic nicotine delivery systems, including electronic cigarettes and related products.
Presenting the institute’s views, Dr Elias Melly urged Parliament to include electronic cigarettes, heated tobacco products, nicotine pouches, dissolvable nicotine products and other emerging nicotine-delivery technologies in the legislation.
“The emergence of Electronic Nicotine Delivery Systems (ENDS), electronic cigarettes, heated tobacco products, nicotine pouches and other novel nicotine products presents anew public health challenge, Particularly among young People,” Melly says.
The institute warned that limiting regulation to traditional tobacco products could leave gaps as manufacturers and sellers introduce new alternatives.
“The tobacco industry continually develops alternative nicotine products to circumvent existing regulations. Broad definitions ensure comprehensive protection against future regulatory gaps,” Melly says.
It wants restrictions on advertising, promotion and sponsorship to cover digital platforms, influencer marketing, product placement and event sponsorship.
“Advertising remains a major driver of tobacco initiation among adolescents and young adults,” the memorandum says.
The institute is also proposing restrictions on flavours that could make nicotine products more attractive to younger consumers, as well as limits on sales within 500 metres of schools and learning institutions.
“Children and adolescents are Particularly vulnerable to nicotine addiction,” it says.
Other proposals include mandatory health warnings, plain packaging and pictorial warnings covering at least 80 per cent of tobacco product packaging. For online purchases, the institute wants mandatory age verification.
It is further calling for stronger penalties and enforcement against the sale of tobacco products to minors, illegal advertising, smuggling and illicit trade.
“Stronger deterrence is required for effective compliance,” it says.
The institute has proposed creation of a Tobacco and Nicotine Harm Reduction Fund, with transparent management and annual reporting to Parliament.
It says at least 30 per cent of revenue from tobacco excise taxes, nicotine-product excise taxes, licensing fees, penalties and fines should fund public-health interventions.
“The National Cancer Institute of Kenya strongly supports the Tobacco Control (Amendment) Bill, 2024 and commends Parliament for strengthening Kenya’s tobacco control framework,” the memorandum says.
The Bill would mark the first major proposed review of the Tobacco Control Act since it was enacted in 2007, as Parliament considers whether the existing framework adequately covers a rapidly changing nicotine market.