Kenya Senate to Revise Tobacco Control Law to Regulate E-Cigarettes

According to a report by Nation on October 4th, data from Consumer Insights and Statista shows that by the end of 2022, Kenya has approximately 3.1 million tobacco users, and it is predicted that this number will rise to 3.61 million by 2029. Over the past 15 years, the number of smokers in Kenya has been steadily increasing, with an expected increase of 200,000 people in the next five years, representing a growth rate of 5.8%.

According to a survey by Statista, currently the highest proportion of smokers in Kenya is in the central region, at 11.9%, followed by the coastal region and the eastern region at 10.8% and 10.7% respectively. Cigarettes (14%) and vaping (8%) are ranked as the top two most widely used tobacco products in Kenya, followed by e-cigarettes (7%) and cigars (5%).

According to data from the Tobacco Control Committee, over 9,000 Kenyans die each year due to smoking-related reasons. The prevalence of e-cigarettes among young people, especially primary and secondary school students, has led to an increase in the number of underage smokers.

Against this backdrop, the Senate Health Committee is initiating the process of amending the Tobacco Control Act, which came into effect on September 27, 2007. The purpose is to establish a Tobacco Control Committee to regulate the manufacturing, production, labeling, sale, sponsorship, and promotion of tobacco products.

In recent years, the emergence of new tobacco products such as e-cigarettes and nicotine pouches has made current laws appear outdated. Senator Catherine Mumma has submitted a motion to amend current legislation, noting that the last revision in 2009 failed to anticipate the widespread use of nicotine products and pouches.

The Tobacco Control (Amendment) Bill (Bill No. 35) of 2022, also known as "the Bill", aims to revise the Tobacco Control Act of 2007 to regulate electronic nicotine delivery systems, including e-cigarettes and related products. It also seeks to control the advertisement of tobacco products targeting minors and requires prior approval from the Cabinet Secretary.

Once the new law comes into effect, it will prohibit the manufacturing, importation, distribution, storage, or sale of nicotine products without approval from the Minister of Health. Additionally, there will be restrictions on the manufacturing, distribution, marketing, sale, and tobacco product advertising of electronic nicotine delivery systems, their refill containers, and nicotine pouches.