The Ministry of Health plans to amend the Tobacco Control Act to restrict nicotine products, which the World Health Organization says harm brain development and cause other health problems.
The highly addictive products, which include e-cigarettes and nicotine pouches, are popular among Kenyan schoolchildren and adolescents, according to one survey.
Former Health Cabinet Secretary Mutahi Kagwe in 2022 allowed the tobacco industry to sell them with just a tiny warning covering 15 per cent of the front of the pack.
Dr George Githuka, from MoH’s drugs and substances control division, said on Friday the current Tobacco Control Act, passed in 2007, did not anticipate non-tobacco products such as nicotine pouches.
“There are a lot of electronic nicotine delivery systems and electronic non-nicotine delivery systems (ENNDS), which the [tobacco] industry said would reduce dependence on cigarettes. But actually, they increase the risk of people smoking tobacco and the use of conventional cigarettes,” he said in Nairobi.
Dr Githuka spoke at the premiere of the Tobacco Slave documentary organised by the Kenya Tobacco Control Alliance (Ketka), the UK’s University of Bath and industry watchdog STOP.
The film focuses on the experiences of tobacco farmers who work for tobacco leaf-buying companies for little pay, and endure poor working conditions.
“We are looking at reviewing the Tobacco Control Act and its regulations to not only cover nicotine products but also anticipate what will come in the future,” Githuka said.
“We do want to deepen our collaboration with partners in tobacco control.”
The amendments will also restructure the solatium compensation fund, so the civil society can access funds.
The fund is a contribution of two per cent of the value of the tobacco products sold. The government is required to spend the money on tobacco control research, cessation and rehabilitation programmes, according to the 2007 Act.
It has never been implemented.
According to the WHO, many of the products being promoted as “tobacco-free”, are actually harmful.
“Evidence reveals that these products are harmful to health and are not safe,” WHO said in its tobacco factsheet.
“Some recent studies suggest that ENNDS use can increase the risk of heart disease and lung disorders. Nicotine exposure in pregnant women can have negative health consequences on the foetus, and nicotine, which is highly addictive, is damaging to brain development.”
WHO said it is still too early to provide a clear answer on the long-term impact of using various non-tobacco delivery systems or being exposed to them, referring to e-cigarettes, pouches and other systems.
The tobacco industry introduced them into Kenya over five years to test the market.
Head of Ketca Joel Gitali said it is irresponsible to allow the industry to experiment with harmful products on Kenyan children.
“We are calling for nothing short of a ban on nicotine pouches and e-cigarettes,” he said.
“These products should not be there in the first place because they are not compliant with the law.”
Last year, the Ministry of Health briefly led a nationwide campaign against the threat of new tobacco and nicotine products in Kenya.
Acting director of health Patrick Amoth called tobacco and nicotine addiction one of the biggest public health threats the country has ever faced.
“The tobacco industry has developed and continues to aggressively market new and re-emerging products, such as electronic cigarettes, tobacco pouches for sucking, snuff, vaporised products and other products,” he said in a letter to health executives in 25 counties.