The global treaty championed by Kenya to end cigarette smuggling has been ratified by the minimum required number of countries.
The move now provides a legal basis for Kenya to cooperate with other countries to arrest smugglers around the world.
World Health Organisation said the protocol would become effective in October when countries that have ratified it hold their first meting in Geneva.
At least 45 countries have ratified the treaty- called the Protocol to Eliminate Illicit Trade in Tobacco Products.
“The entering into force of the Protocol represents the first step in the path for the elimination of illicit trade of tobacco products worldwide,” said WHO director general Dr Tedros Adhanom Ghebreyesus.
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The announcement comes days after Kenyan authorities intercepted 190 million sticks of cigarettes smuggled from Montenegro allegedly by a house-help.
No one has been arrested in Kenya or in the Southeastern European country.
Kenya signed the protocol in 2012 and the Kenya Revenue Authority has since championed its adoption by other countries.
However, Kenya is yet to ratify it and has until July 10 to do so to participate in the first meeting of parties on October 8.
“Despite the great work Kenya has done so far, we risk missing out on these important global deliberations if we do not ratify in time,” said Emma Wanyonyi, the head of the Nairobi-based International Institute for Legislative Affairs.
The Star learnt the Cabinet had already approved a memo on the ratification, which should be tabled in Parliament soon.
“The Health and Foreign Affairs CSs Sicily Kariuki and Monica Juma should now prioritise and fast-track the ratification process for the treaty,” Emma said.
The Protocol provides for intensive international cooperation including on information sharing, technical and law enforcement, cooperation, mutual legal and administrative assistance, and extradition of cigarette smugglers.
Head of the Kenya Tobacco Control Alliance Joel Gitali said the treaty is a milestone in the history of tobacco control.
“We expect this lead to reduction in tobacco use which in turn, will result in reduction in disease burden and mortality associated with tobacco use,” he said. In Kenya, between 2000 and 2010, 37.4 million diverted cigarette exports were intercepted by KRA, with a value of Sh174 million and estimated tax loss of Sh111 million.
Illicit trade is often a cross-border act, especially where there are tax and price differentials between two countries.
US-based Campaign For Tobacco Free Kids encouraged more countries to ratify the protocol because it protects against manipulation by tobacco companies.
“The tobacco industry has a decades-long history of lies and deceit. These new revelations should encourage all governments to develop an international track and trace system that is independent of transnational tobacco companies, as called for in the Protocol to Eliminate Illicit Trade in Tobacco Products,” CTFK said in a statement, while commenting on new revealations on the industry’s latest efforts to undermine the Protocol.
The treaty requires the establishment of a global tracking and tracing regime to allow Governments to effectively follow up tobacco products from the point of production to the first point of sale.
It was developed in response to the growing international illicit trade in tobacco products, which poses major health, economic and security concerns around the world.
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