Lobbies back review of Tobacco Control Act, calls for inclusivity

Anti-tobacco lobbies have supported the ongoing review of Kenya's Tobacco Control Act, 2007 and Regulation, 2014.

The Ministry of Health last month began the process to amend the Tobacco Control Act to restrict nicotine products.

According to the ministry, the current Tobacco Control Act passed in 2007, did not anticipate non-tobacco products such as nicotine pouches.

Speaking in Nairobi on Wednesday, a coalition of tobacco control advocates however called on the stakeholders involved in the review process to ensure inclusivity and transparency.

This, they said, will ensure that diverse perspectives are considered hence coming up with effective and equitable tobacco control policies that resonate with the needs of all Kenyans.

They include the National Taxpayers Association (NTA), the Non-Communicable Diseases Alliance of Kenya (NCDAK), the Kenya Tobacco Control Alliance (KETCA), the Kenyan Network of Cancer Organizations (KENCO) and Den of Hope.

They said the review of the act will reinforce Kenya’s commitment to reducing tobacco and nicotine products affordability, curtailing tobacco industry influence and fostering transparent and inclusive policy-making processes.

“We unequivocally express our support for the comprehensive review of Kenya's Tobacco Control Act of 2007 and Regulation of 2014,” Thomas Lindi from Ketca said.

“Recognizing the evolving landscape of tobacco use and its detrimental impact on public health, we advocate for robust measures to strengthen existing legislation and enact new provisions that align with international best practices,” Lindi noted.

They want emerging tobacco products like nicotine pouches completely banned from the country to protect the youth who are the largest consumers.

The highly addictive products, which include e-cigarettes and nicotine pouches, are popular among Kenyan schoolchildren and adolescents.

The Tobacco Control Board last month said it had begun revising the act to adapt to shifts in the tobacco industry, notably the rise of new tobacco products and come up with new regulations.

The objective is to fortify the legislation to more effectively govern the production, sale, advertising and consumption of tobacco products.

“This overhaul seeks to pinpoint and rectify any inadequacies or gaps to bolster tobacco control measures and uphold public health standards,” the board said.

The amendments also seek to restructure the solatium compensation fund, so the civil society can access funds.

The fund is a contribution of two per cent of the value of the tobacco products sold.

The government is required to spend money on tobacco control research, cessation and rehabilitation programmes, according to the 2007 Act but it has never been implemented.

In their statement on Wednesday, the civil society demanded transparency regarding the operationalization of the fund.

They said that to guarantee that the fund fulfills its intended role and aids in tobacco control initiatives, certain regulations and supervision procedures are necessary.

“We demand transparency regarding the operationalization of the Solatium Fund, which was established to assist in funding national programmes for cessation, rehabilitation and research,” Hellen Nafula from Den of Hope said.

According to John Thomi from NTA, Tobacco use has failed, principally because of the current tax system (two tiers of Sh2,630 per mille for cigarettes with filters and Sh1,893 per mille for plain cigarettes).

He further noted that the current 35 per cent excise tax on tobacco products is extremely low compared to the World Health Organisation recommendation of 70 per cent of the recommended retail price.

“WHO's evidence shows taxing tobacco products is the most effective way to reduce consumption, thus reducing diseases such as cancer, diabetes and heart disease,” Thomi said.

According to the WHO’s Framework Convention on Tobacco Control which Kenya is a signatory to, tobacco taxation can contribute to the prevention of 9,000 deaths every year.

By leveraging tax policies to elevate tobacco prices, Kenya can render tobacco less accessible to children and young people, thus discouraging consumption and safeguarding public health, they said.