Senate moves to amend outdated Tobacco Act amid rising smoking rates
Every year, more than 9,000 Kenyans die from smoking-related causes, according to the Tobacco Control Board.
What you need to know:
- Every year, more than 9,000 Kenyans die from smoking-related causes, according to the Tobacco Control Board.
The number of Kenyans who smoke has been increasing over the years and is projected to hit a new peak of 3.61 million by 2029.
According to Consumer Insights, Statista, there were about 3.1 million tobacco users in Kenya at the end of 2022.
Statista notes that the number has been rising in the past 15 years and is estimated to shoot up by 0.2 million people (5.8 per cent) in the next five years.
The Central region has the highest number of smokers (11.9 per cent) followed by the Coast and Eastern region at 10.8 and 10.7 per cent respectively.
A survey conducted by Statista Consumer Insights in 2023, which engaged 1,049 respondents and 2,000,000 interviews, revealed notable characteristics of smokers in the country.
Compared to the average consumer, most smokers have a high household income yearly, they are more concerned about safety and security, video gaming is more likely to be their hobby and they remember seeing adverts on search engines more often.
Cigarettes (14 per cent) and vaporizer (vape) at eight per cent are listed as the top “most used tobacco products” in Kenya followed by e-cigarettes (seven percent) and cigars (five per cent)
“Despite efforts to discourage smoking, Kenya continues to have a significant demand for cigarettes, with a growing preference for locally manufactured brands,” reads the study.
Another study by the Kenya Tobacco Board (KTB) in March 2022 to investigate the use of tobacco and its products showed a higher prevalence of young smokers in higher learning institutions than in any other age group.
The study carried out in Nairobi, Nakuru Mombasa and Kisumu showed that 30 per cent of youths (three out of 10) use tobacco products.
Tobacco smoking directly or indirectly is linked to adverse health effects and life threatening diseases such as lung damage, cancer, heart complications, diabetes, arthritis, erectile dysfunction, ectopic pregnancy, vision and hearing loss among others.
Every year, more than 9,000 Kenyans die from smoking-related causes, according to the Tobacco Control Board.
Further, the emergence of e-cigarettes, which have become popular among children and youths, particularly primary and secondary school students, has led to the rise of underage smokers.
Against this backdrop, the Senate Health Committee has initiated the process of amending the Tobacco Control Act, Cap. 245A, which was enacted on September 27, 2007.
The Act followed the WHO Framework Convention on Tobacco Control treaty adopted in 2003 by the World Health Assembly and ratified in 2004.
It was aimed at establishing the Tobacco Control Board as well as controlling the manufacture, production, labelling, sale, sponsorship and promotion of tobacco products.
Over the past two years, modern tobacco products have emerged such as electronic nicotine and pouches, which were not anticipated in the provisions of the Act that has since become outdated.
Senator Catherine Mumma, who tabled the amendment motion, argues that the last amendment of the Act was in 2009, is not only outdated, but its provisions did not anticipate the prevalence use of nicotine products and nicotine pouches.
“Indeed, the Act does not provide for the regulation of synthetic nicotine, which is the type of nicotine mostly used in electronic nicotine products and nicotine pouches,” she stated.
The senator explained that: “The principal objective of the Tobacco Control (Amendment) (No. 35) Bill, 2022, Senate Bill No. 35 of 2024 (hereinafter referred to as “the Bill”) is to amend the Tobacco Control Act, Cap 245A, 2007 (the principal Act) to provide for the regulation of electronic nicotine delivery systems that include electronic cigarettes and related products, regulate the sale of tobacco and tobacco products for persons under the age of 18 years, regulate advertisement and ensure prior authorisation of tobacco and tobacco products by the Cabinet Secretary.”
Upon enactment, the new law will prohibit the manufacture, importation, distribution, storage or sale of nicotine products without the prior approval of the Cabinet Secretary for Health.
It will also restrict the manufacture, distribution, marketing, sale and use of electronic nicotine delivery systems, their refill containers and nicotine pouches, as well as the advertisement of tobacco products, electronic nicotine delivery systems and nicotine pouches.
