Harm reduction experts have called for amendments to sections of the Tobacco Control (Amendment) Bill, 2024, arguing that some of its provisions require refinement before the legislation is passed by the National Assembly.
Speaking during a public participation exercise in Meru County on Friday, the experts said while the Bill seeks to strengthen tobacco control and safeguard public health, some proposals should be reviewed to reflect emerging tobacco and nicotine products and avoid unintended consequences for consumers.
Among the issues raised was the absence of a definition of “tobacco control” in the proposed amendments. The experts said including the definition would provide clearer guidance on the implementation of the law, noting that the World Health Organization’s Framework Convention on Tobacco Control (WHO FCTC) contains a definition.
The experts also called for clearer differentiation between combustible tobacco products, such as conventional cigarettes, and non-combustible nicotine products, including vapes and nicotine pouches.
They argued that treating different categories of products in the same manner could limit options available to smokers seeking alternatives as they attempt to quit smoking.
Read: Stakeholders Call for Review of Proposed Tobacco Bill as Public Participation Begins
The experts further questioned the proposed restrictions on flavours in tobacco and nicotine products, arguing that flavours can be important to adult consumers who are seeking alternatives to conventional cigarettes.
Dr Michael Kariuki, Secretary General of the Harm Reduction Society of Kenya, said the Bill should incorporate clearer definitions and product differentiation.
“We have some issues that have been omitted in the bill. One of them is the definition of tobacco control, which has completely been omitted even from the original Tobacco Control Act of 2007,” Kariuki said.
He added that the legislation should distinguish between combustible and non-combustible products, arguing that available scientific evidence indicates differences in the risks associated with the products.
“We must adopt what we call the risk continuum in as far as tobacco is concerned,” he said.
On flavours, Kariuki said they should remain available to adult smokers seeking alternatives, arguing that consumers attempting to quit should have access to different options.
“What the government needs to do is to make sure that there is enough implementation of the current laws to protect our young children and youth,” he said.
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The Tobacco Control (Amendment) Bill, sponsored by nominated Senator Catherine Mumma, seeks to amend the Tobacco Control Act, 2007, and establish a regulatory framework for new and emerging tobacco and nicotine products, including vapes and nicotine pouches.
The Bill has already been passed by the Senate and is now before the National Assembly Committee on Health for stakeholder engagement and public participation.
The committee is expected to consider views submitted during the consultations before preparing a report for consideration by the National Assembly.
Public participation on the Bill concludes on Saturday, with sessions scheduled to take place in Nanyuki and Kisumu.
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