Harm Reduction Experts Call for Changes to Tobacco Control Amendment Bill
Among the issues raised was the absence of a definition of “tobacco control” in the proposed amendments.
Michael Kariuki, Secretary General of the Harm Reduction Society of Kenya, addressing the media in Meru. Photo: The Star Kenya.
Harm reduction experts have called for amendments to sections of the Tobacco Control (Amendment) Bill, 2024, before it proceeds to the final stages of consideration in the National Assembly.
Speaking during a public participation exercise on the Bill in Meru County on Friday, the experts said the proposed legislation was aimed at strengthening public health protections but argued that some provisions require further refinement to reflect emerging nicotine products and the needs of consumers seeking alternatives to combustible tobacco.
Among the issues raised was the absence of a definition of “tobacco control” in the proposed amendments.
Michael Kariuki, Secretary General of the Harm Reduction Society of Kenya, said the definition should be incorporated into the legislation, noting that the concept is defined under the World Health Organization Framework Convention on Tobacco Control (WHO FCTC).
“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 argued that incorporating the definition would provide clearer guidance on the implementation of tobacco-control measures in Kenya.
The experts also called for clearer differentiation between combustible tobacco products, such as cigarettes, and non-combustible nicotine products, including vapes and nicotine pouches.
According to Kariuki, treating different products under a similar regulatory framework could limit the options available to adult smokers who are seeking alternatives to conventional cigarettes.
“We are also saying that we need product differentiation between combustible and non-combustible products,” he said, arguing that available scientific evidence demonstrates differences in the risks associated with the various products.
The experts further raised concerns over the Bill’s proposed restrictions on flavours in tobacco and nicotine products.
They argued that flavours could play a role in helping some adult smokers transition away from combustible cigarettes, particularly when using non-combustible nicotine products.
“We are also saying that flavours are very critical, especially for those smokers who want to quit and as a society we advocate for smokers who want to quit. They must be given varieties,” Kariuki said.
At the same time, Kariuki called for stronger enforcement of existing tobacco-control laws to prevent young people from accessing nicotine products.
“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.
The Tobacco Control (Amendment) Bill, sponsored by nominated Senator Catherine Mumma, seeks to amend the Tobacco Control Act of 2007 and establish a regulatory framework for new and emerging tobacco and nicotine products, including electronic cigarettes and nicotine pouches.
The Bill has already been passed by the Senate and is now before the National Assembly Committee on Health. The committee is conducting stakeholder engagement and public participation before preparing a report for consideration by members of Parliament.
The public participation exercise is scheduled to conclude on Saturday, with sessions planned in Nanyuki and Kisumu.
The debate over the proposed amendments comes as policymakers grapple with how to regulate emerging nicotine products while addressing concerns about tobacco-related harm, youth access and consumer protection.
Stakeholders participating in the process have therefore urged Parliament to consider the different characteristics of tobacco and nicotine products as it examines the proposed regulatory framework.
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