Harm reduction experts have poked holes in sections of the Tobacco Control (Amendment) Bill of 2024, calling for their amendment before the Bill is passed by members of parliament in the National Assembly.
Speaking during the public participation exercise on the bill in Meru County on Friday, the experts said that while the intention of the bill is noble, some of the proposals need refinement to ensure they conform with present realities and effectively safeguard public health without victimising consumers.
Key among the issues the experts have concerns with include the definition of tobacco control, which they say is missing from the amendment bill, adding that such a definition ought to be included in the law as it is contained in the World Health Organization’s Framework Convention on Tobacco Control (WHO FCTC) for there to be effective guidance on.
The experts also raised issue with the lack of differentiation between combustible tobacco products, such as cigarettes, and non-combustible products produced by the tobacco industry, such as nicotine vapes and pouches, saying that such an omission risks those products sharing the same classification, thereby denying smokers who want to quit a route out.
They also raised concerns over the proposal to ban flavours in tobacco products, saying such a move would deny smokers who want to quit an avenue to do so, arguing that less risky nicotine products which are flavoured, such as pouches, are a route for smokers to quit.
Speaking in Meru, Dr Michael Kariuki, Secretary General of the Harm Reduction Society of Kenya, pointed out that the definition of tobacco control, has been omitted even from the original Tobacco Control Act of 2007.
“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. And we are saying since that act was derived from the WHO’s FCTC, we must include the definition of tobacco control as defined by WHO’s FCTC also,” Kariuki said.
“We are also saying that we need product differentiation between combustible and non-combustible products and there is insurmountable scientific evidence to prove that those two products are completely different and the risk. Fine, it’s completely different and we must adopt what we call the risk continuum in as far as tobacco is concerned. 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. 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 added.
The Tobacco Control (Amendment) Bill by nominated senator Catherine Mumma seeks to amend the Tobacco Control Act of 2007 to create a regulatory framework for new and emerging tobacco products such as vapes and nicotine pouches by putting in place safeguards that uphold public health.
The Bill was passed in the Senate and has since been committed to the National Assembly Committee on Health for stakeholder engagement and public participation before it tables a report on the floor of the House for consideration by MPs.
Public participation on the bill ends on Saturday with two sessions scheduled for Nanyuki and Kisumu.
