The Kenya Revenue Authority has asked Parliament to tighten tobacco-control laws to cover the growing range of electronic nicotine products, warning that existing legal definitions may not adequately address products such as vapes, e-cigarettes and nicotine pouches.
KRA made the proposals in its submission on the Tobacco Control (Amendment) Bill, 2024, before the National Assembly Departmental Committee on Health chaired by Seme MP James Nyikal.
The authority said the Bill would strengthen the Tobacco Control Act, 2007, by widening the definition of tobacco products and setting clearer rules for both traditional tobacco products and newer nicotine products.
KRA said the proposed changes were necessary because the tobacco market has changed, with new products and sales methods emerging that were not clearly covered when the existing law was enacted.
“It is notable that the Bill is an enhancement of the Tobacco Control Act (Cap. 245A) enacted in 2007 before enactment of the constitution 2010. This Tobacco Control (Amendment) Bill, 2024 has the following objectives,” the authority said in its submission.
Among the changes proposed is regulation of the manufacture, production and sale of tobacco products, including electronic nicotine delivery systems and nicotine pouches.
KRA also wants tighter controls on the advertising and promotion of tobacco products, including campaigns carried out through social media and other online platforms.
The authority said the proposed law should “ensure that the advertising of tobacco products is regulated” and “ensure that the sale of tobacco products, including electronic nicotine delivery systems to persons under the age of eighteen (18) years is prohibited.”
KRA has proposed expanding the meaning of a “tobacco product” to include synthetic nicotine formulations, nicotine analogues, electronic nicotine delivery devices and liquids designed for use in those devices.
It said the broader definition would address gaps in the current law that may leave products such as vapes, e-cigarettes and nicotine pouches outside clear tobacco-control rules.
The authority is also seeking specific product standards covering cigarettes, nicotine pouches and electronic nicotine delivery systems.
Under the proposed changes, packaging requirements would be set for electronic nicotine delivery systems, nicotine pouches and electronic cigarettes to ensure the products meet established standards before being sold in the Kenyan market.
KRA said manufacturers, importers, distributors and sellers should also be required to comply with relevant standards and registration requirements.
It has proposed that tobacco product samples be submitted to the Kenya Bureau of Standards for testing, while enforcement agencies should have clearer powers to deal with products that fail to meet the required standards.
The recommendations also cover imported tobacco products and the movement of tobacco and related products within the Kenyan market.
KRA wants the Bill to include measures targeting counterfeit and non-compliant products, saying stronger rules would help enforcement agencies deal with products that do not meet the required standards.
The authority further called for stronger requirements on health warnings, packaging and the display of information on tobacco products.
It said health warnings should be made more visible and presented more consistently across different tobacco products.
KRA said the proposed amendments would help keep the law in step with changes in the industry, including the introduction of new products and the use of online platforms to market them.
In its conclusion, the authority said the proposed legislation was important because of the changing nature of the tobacco market.
“The Tobacco Control Amendment Bill, 2024 is crucial in ensuring the law is in concurrence with the constitution 2010, brings new tobacco products into the regulation bracket and aligns with innovations in social media and online marketing,” KRA said.
The authority added, “Expanding the definition and anchoring product standards in law will ease enforcement of the products in the market ensuring product safety and weeding out counterfeits in the market.”
The proposals place Parliament at the centre of efforts to update Kenya's tobacco-control framework, with KRA arguing that the law needs to cover products and marketing methods that have emerged since the Tobacco Control Act was enacted in 2007.
The authority's submission focuses on widening the legal definition of tobacco products, setting standards for emerging nicotine products, tightening advertising controls, protecting persons under 18 from sales and strengthening enforcement against counterfeit and non-compliant products.