Harm reduction society urges Parliament to rethink tobacco reforms

The Harm Reduction Society of Kenya has raised concerns over several provisions contained in the Tobacco Control (Amendment) Bill, 2024, warning lawmakers that some of the proposed measures could undermine public health goals, increase illicit trade and create unnecessary regulatory burdens.

In a memorandum submitted to the National Assembly and signed by Secretary General Michael Kariuki, the society urged MPs to adopt a more balanced and evidence-based approach to tobacco regulation, arguing that the legislation should focus on harm reduction rather than prohibition.

The society welcomed the ongoing review of Kenya's tobacco control laws, noting that the tobacco industry has evolved significantly since the enactment of the Tobacco Control Act in 2007.

"We support legislative initiatives that will result in updating the current laws to speak to these realities and also reduce harm in society," the memorandum states.

However, the organisation cautioned against what it described as an overly restrictive approach to regulating alternative tobacco and nicotine products.

"It is our submission that the amendment should strengthen the regulation of tobacco products, including recognising the right of consumers to use these products based on informed choice as well as protect minors," the society said.

According to HRSK, outright prohibitions are unlikely to achieve the desired public health outcomes and could instead fuel illegal markets.

The illicit tobacco market in Kenya accounts for nearly 47 per cent of total cigarette consumption.

This black market trade—primarily fueled by large-scale smuggling of tax-evaded cigarettes from neighboring countries like Uganda—costs the government roughly Sh12 billion in lost annual tax revenue and significantly impacts legitimate local industries, while exposing consumers to sub-standard products.

"A prohibitive approach will only benefit illicit trade while undermining both public health and the economic contribution of legitimate enterprises," the memorandum says.

The society further called on the National Assembly to ensure the legislative process complies fully with constitutional and legal requirements.

It has urged lawmakers to embrace research-based decision-making, broad consultations and adequate transition periods before implementing major regulatory changes.

Among the key concerns raised is the absence of a Regulatory Impact Statement accompanying the Bill. HRSK argues that the proposed amendments could have significant legal, administrative and economic implications.

"Noting that the Bill makes proposed changes, both legal and administrative, that would have significant impact on harm reduction interventions as well as the economy of the country, it is our view that a Regulatory Impact Statement should be made available," the memorandum notes.

The organization has also objected to provisions that would require approval of tobacco products by the Cabinet Secretary, saying the process would duplicate functions already performed by the Kenya Bureau of Standards (KEBS).

According to the society, introducing additional approval requirements would increase costs, prolong approval timelines and create unnecessary bureaucracy.

"We propose that these processes be removed and existing product regulatory and approval processes undertaken by KEBS be strengthened," Kariuki said.

HRSK further argued that the Bill ventures too deeply into technical product specifications, which it says should remain the responsibility of standards-setting bodies rather than legislation.

"We propose that the Bill be amended to leave out such technical specifications to Product Standards as undertaken by the Kenya Bureau of Standards," it says.

The society also wants lawmakers to incorporate the World Health Organization's definition of tobacco control, particularly provisions recognising harm reduction strategies.

It argues that tobacco control should not be limited to reducing consumption but should also include measures that reduce the health risks associated with tobacco use.

The memorandum additionally notes that the Ministry of Health is already undertaking a broader review of the Tobacco Control Act and recommends that the current amendments be deferred until that process is completed.

In what is likely to be one of the most debated aspects of the submission, HRSK urged Parliament to consider scientific evidence supporting tobacco harm reduction interventions.

The society argued that certain alternative products have been shown to reduce the public health burden associated with smoking and should therefore be regulated differently from conventional cigarettes.

"We believe such an approach will go a long way towards achieving the public health goals the Bill's mover intends to achieve, by enabling the consumer to make informed choices as opposed to a one-size-fits-all approach," the memorandum states.

Kariuki said the organization remains committed to advancing harm reduction interventions in Kenya and believes public health objectives can be achieved through regulation that balances consumer protection, scientific evidence and informed choice.

As debate on the Tobacco Control (Amendment) Bill gathers momentum, lawmakers will now have to weigh competing public health, regulatory, and economic considerations before deciding whether to adopt the proposed amendments.

The National Assembly is expected to consider submissions from various stakeholders before finalising its position on the Bill.