IILA Urges Kenya Parliament: Fast-Track Tobacco Control Bill 2024

• The International Institute for Legislative Affairs (IILA) is urging the Kenyan Parliament to fast-track the Tobacco Control (Amendment) Bill, 2024.
• The Bill aims to regulate emerging nicotine products like e-cigarettes and nicotine pouches, which are currently not adequately covered by existing law.
• Proposed amendments include banning flavors, prohibiting online advertising and sales, and expanding the definition of tobacco products.
• The legislation seeks to protect children and young people from targeted marketing and easy access to addictive substances.
• If not passed before the next elections, the Bill, passed by the Senate in March 2026 and now with the National Assembly, risks lapsing, requiring the legislative process to restart.

If not passed before the next elections, the Bill, passed by the Senate in March 2026 and now with the National Assembly, risks lapsing, requiring the legislative process to restart.

The International Institute for Legislative Affairs (IILA) has strongly urged the Kenyan Parliament to expedite the passage of the Tobacco Control (Amendment) Bill, 2024. This call comes amidst concerns that any delay could leave children and young people susceptible to the increasing availability of novel nicotine products. Ken Marau, IILA's Programmes Manager, highlighted Kenya's commendable progress in reducing tobacco prevalence, which saw a decline from 11.6 percent in 2014 to 8.5 percent in 2022. However, he cautioned that the rising use of emerging nicotine products, particularly among younger demographics, presents a significant public health challenge.

Marau implored legislators to prioritize this amendment, emphasizing its potential to close existing regulatory gaps, especially concerning synthetic nicotine. He stressed that the Bill offers a crucial opportunity for Kenya to safeguard public health by establishing regulations for these new and evolving nicotine and tobacco products. Similar sentiments advocating for the Bill's swift passage were voiced during a recent stakeholders' forum in Nairobi, which focused on the dissemination of the Tobacco Control Risk Assessment and Mitigation Strategy.

Rachel Kitonyo Devotsu, Regional Manager for Africa at the McCabe Centre for Law and Cancer, further elaborated on the necessity of the proposed amendments, explaining that they are designed to address deficiencies within the existing Tobacco Control Act, 2007. A key focus of the amendments is the regulation of electronic cigarettes and nicotine pouches, which are currently not adequately covered by the law. Devotsu noted that these products are increasingly being marketed to children, adolescents, and university students, despite their known addictive properties.

The Tobacco Control (Amendment) Bill, 2024, specifically seeks to broaden the definition of "tobacco products" to encompass nicotine products, including e-cigarettes and nicotine pouches. This definitional expansion is critical for enabling comprehensive Kenya e-cigarette regulation and establishing a robust nicotine pouches Kenya law. By updating the legal framework, the government aims to bring these previously unregulated items under the purview of public health controls.

A significant concern addressed by the proposed legislation is the use of flavors in nicotine products, which are often employed as a marketing tactic to attract new users, especially children and young people. The Bill aims to prohibit these flavors, recognizing that they mask the harsh taste of tobacco, thereby making products more appealing to younger consumers. Furthermore, the amendments seek to impose a ban on online advertising, sales, and delivery of tobacco and nicotine products, directly targeting the ease with which minors can currently access these items.

Devotsu highlighted how the absence of an online tobacco sales Kenya ban facilitates access for underage individuals, who can order products online, make payments via M-Pesa, and have them delivered directly by motorcycle riders without proper age verification. This loophole underscores the urgency of the proposed changes to protect youth from harmful substances. The IILA Kenya tobacco legislation is designed to close these avenues of access and marketing.

The Tobacco Control (Amendment) Bill, 2024, which was passed by the Senate in March 2026 and is now undergoing consideration by the National Assembly, faces a critical deadline. Devotsu warned that the Bill risks lapsing if it is not enacted before the upcoming elections, which would necessitate restarting the entire legislative process from scratch. She urged the National Assembly’s Parliamentary Committee on Health to fast-track the remaining stages of the Bill, noting that public participation has already been concluded. For the Bill to become law, it requires progression through the committee stage, a third reading, and ultimately, presidential assent before the electoral period.

Beyond regulatory changes, the proposed amendments also aim to expand the utilization of the Tobacco Control Fund. This expansion is intended to provide crucial financial support for enforcement activities and county-level programs. Devotsu pointed out that while county governments have been delegated responsibilities for enforcement, they have not been allocated the corresponding financial resources, making the fund's expansion vital for effective implementation of the Tobacco Control Act 2007 amendments.

Lawyers advising clients in the tobacco, nicotine product, or related advertising industries in Kenya must closely monitor the progress of the Tobacco Control (Amendment) Bill, 2024. Its passage will significantly expand the scope of regulated products to include e-cigarettes and nicotine pouches, impose restrictions on online sales and advertising, and potentially ban flavors, necessitating immediate compliance adjustments and strategic re-evaluation for affected businesses. Failure to pass the bill before elections could restart the legislative process, prolonging regulatory uncertainty.

Source: Original reporting via The Standard