Public participation in Meru focused on proposed changes to tobacco and nicotine product regulation.
Experts at a Meru public forum urged MPs to distinguish cigarettes from non-combustible nicotine products and reconsider a proposed ban on flavours.
Harm reduction experts have called for changes to the Tobacco Control (Amendment) Bill, 2024, arguing that several provisions require revision before the National Assembly considers its passage.
Speaking during a public participation session in Meru County on Friday, the experts questioned the absence of a definition of tobacco control, the treatment of different nicotine products and a proposed ban on flavours.
They said they supported the Bill’s public health objectives but wanted its provisions refined to protect consumers while preserving options for smokers seeking to quit.
Call for a tobacco control definition
Dr Michael Kariuki, Secretary General of the Harm Reduction Society of Kenya, urged lawmakers to include a definition of tobacco control drawn from the World Health Organization’s Framework Convention on Tobacco Control.
Kariuki said the definition was absent from both the proposed amendment and the original Tobacco Control Act of 2007. He argued that legislation derived from the international framework should also incorporate its definition to guide implementation.
The experts presented the omission as one of the issues requiring attention during the parliamentary review, saying clearer wording would help ensure the law meets its intended public health purpose.
Different treatment for nicotine products
The experts also called for a distinction between combustible tobacco products, including cigarettes, and non-combustible products such as nicotine vapes and pouches.
They argued that failing to distinguish the products could place them under the same regulatory classification. In their view, that approach could limit alternatives available to smokers who want to stop smoking.
Kariuki maintained that scientific evidence supports differences in the risks associated with combustible and non-combustible products. He urged lawmakers to adopt a risk-based approach to tobacco regulation rather than treating all products alike.
The position formed part of the society’s wider appeal for the Bill to recognise differences between products when setting safeguards. Its representatives argued that protecting public health should include consideration of adult smokers seeking alternatives.
Objections to proposed flavour ban
A proposed prohibition on flavours was another point of concern. The experts argued that flavoured nicotine products, including pouches, could offer an option for smokers trying to quit and should not be excluded through a blanket ban.
Kariuki said the society advocates for smokers who wish to stop smoking and believes they should have a choice of products. He called on the government to strengthen enforcement of existing laws to protect children and young people.
The claims about the role of flavours and non-combustible products in helping smokers quit were advanced by the harm reduction representatives as reasons for amending the proposed legislation.
Bill before National Assembly committee
Sponsored by nominated Senator Catherine Mumma, the Bill seeks to amend the Tobacco Control Act of 2007 and establish a regulatory framework for new and emerging products, including vapes and nicotine pouches, with safeguards intended to uphold public health.
The Senate has passed the Bill, which is now before the National Assembly Committee on Health for stakeholder engagement and public participation. The committee is expected to present a report to the House for consideration by MPs.
The public participation programme is scheduled to conclude on Saturday, with sessions in Nanyuki and Kisumu.
