Groups raise concerns over Tobacco Bill

As the world gears up to mark the No-Tobacco Day later this month, there are rising concerns about the effectiveness of measures that authorities are taking to curb addiction and its harm to consumers' health. 

Smoking has been directly linked to various diseases, particularly cancer which is one of the highest causes of death among non-communicable diseases. 

Data by the World Health Organisation (WHO) shows that about 70 per cent of all lung cancer cases in the world are attributed to tobacco smoking. 

According to the WHO, lung cancer is one of the most common forms of cancer and remains a major public health challenge worldwide due to its high incidence and mortality. 

“In 2022, lung cancer was the leading cause of cancer cases and deaths, with an estimated 2.5 million cases and 1.8 million deaths,” the WHO global data says. 

In Kenya, there were 903 new lung cancer cases, and another 822 deaths in the same period. 

In a bid to curb smoking, especially by discouraging starters, a draft law was tabled in Parliament that proposes, among others, strict manufacturing approvals, bans on flavoured nicotine, tightened advertising restrictions, and a focus on protecting youth. 

The Tobacco Control (Amendment) Bill of 2024, currently before the senate aims to update regulations to cover new products such as nicotine pouches, vapes, and e-cigarettes. 

Proposed by Senator Cathy Mumma, the Bill seeks to amend the Tobacco Control Act of 2007 to restrict sale, ban specific flavours, and tighten marketing of these products.

The Bill however faces opposition over potential black-market growth. 

Small business owners and industry groups warn that strict bans could fuel the black market, which already accounts for a significant portion of cigarette sales. 

The Bill’s intent is to prohibit the manufacture, importation, distribution, storage, or sale of any nicotine products without the prior written approval of the Cabinet Secretary for Health. 

It also outlaws the sale and offering of tobacco and nicotine products in entirety through online platforms. Noncompliance to the same attracts a fine of up to Sh500,000, imprisonment for up to three years, or both. 

If passed, the new Bill will require individuals to obtain operational licenses from county governments alongside national approvals. 

This comes amid recent measures by the government to restrict the import and sale of tobacco 'alternatives' whose advocates claim help to fight addiction and reduce harm.  

Peter Harper, an oncologist, however says 'over-regulation' does not help reduce addiction and consumption. If anything, banning tobacco and other nicotine products opens the market for untaxed and unregulated products, whose impact on health is the same, if not worse, he says. 

Dr Harper says clinical evidence has shown that over 60 per cent of lung cancer patients cannot quit smoking, despite clear medical advice and personal stakes. 

“Quitting is much harder than non- smokers realise. Safer alternatives help people switch or eventually quit.”  

Therefore, for Kenya’s young population, it is critical that they never start smoking. 

“We have known for many years that smoking is related to cancers and to many other diseases. But what we haven't known for a long time is whether the nicotine can be delivered in a different way to have some form of harm reduction,” the British cancer specialist said on the sidelines of a scientific gathering in Nairobi on tobacco harm reduction. 

Today, WHO data shows that 1.2 billion people in the world used tobacco in 2024 alone. 

Harper cautioned Kenyan lawmakers against imposing overly stringent regulations on smoke-free nicotine alternatives, arguing that such measures could backfire and drive smokers toward more dangerous illicit cigarettes. 

He said while quitting remains the ideal, prohibition-style policies have repeatedly failed. 

“The best thing to do if you’re a smoker is quit smoking. The best thing if you’re a non-smoker is never start,” Harper said. “But for over a billion people worldwide who smoke, we must offer less harmful options.” 

Kenya, with 65 per cent of its population under the age of 25, faces a critical window to prevent a future wave of non-communicable diseases. 

As the country successfully reduces infectious diseases, with NCDs like cancer and cardiovascular conditions now surpassing them since 2023, Harper warned that the aging population in Kenya could inherit the costly health burdens seen in Europe. 

Harper stressed the addictive power of nicotine. In Kenya, traditional quit clinics achieve low success rates when compared to smokers switching to less harmful alternatives. 

“Non-combustible products like vapes, heated tobacco, and oral nicotine are estimated to be 90–98 per cent less harmful by avoiding the toxic combustion of cigarettes,” Harper said. 

While nothing is entirely risk-free, Harper argued the relative risk reduction is substantial and supported by years of evidence.Further, policymakers have been urged to understand the nature of the problem.  

And he faulted the amendment Bill, claiming it lacks specific measures that help adults struggling with addiction. 

According to another harm reduction advocate, Dr Vivian Manyeki, it is important for the Bill to incorporate harm reduction. 

“The policymakers should not have an approach of one-size-fits-all for nicotine products, each product should be regulated on its own,” she said, noting that there is an issue of historical distrust.