Parliament urged to pass balanced Tobacco Bill amid industry concerns

• They said this in Eldoret City during the second day of the public participation on the Tobacco Control (Amendment) Bill, which is being undertaken by the National Assembly Committee on Health.

BAT Kenya’s Senior Regulatory Affairs Manager Billy Tsuma addressing the media on the sidelines of the Eldoret City Public Participation of the Tobacco Control (Amendment) Bill by the National Assembly

Stakeholders in Uasin Gishu County have called on Parliament to deliver a balanced tobacco law that strikes a balance between safeguarding public health whilst protecting businesses and livelihoods.

They said this in Eldoret City during the second day of the public participation on the Tobacco Control (Amendment) Bill, which is being undertaken by the National Assembly Committee on Health.

The stakeholders raised concerns over proposals in the Bill which they say pose a grave danger to businesses if passed in their current state, calling on Parliament to review them even as it considers the health impact of new products in the tobacco industry.

Some of the proposals stakeholders took issue with include calls for specific licensing for businesses trading in tobacco products, saying this will not only increase the bureaucracy involved in business licensing but also increase the cost of doing business for small firms.

The Bill is proposing to introduce a new provision in the Tobacco Control Act stating that “A person intending to manufacture, distribute, store, sell or in any other way deal in tobacco products shall obtain a licence from the respective county executive committee member”, a move which stakeholders say amounts to double taxation as businesses are already paying licence fees for their single business permits.

Stakeholders also took issue with the proposal in the Bill seeking to restrict sale of tobacco products to outside a radius of 100 metres from any place serving persons under the age of 18, saying it is impractical due to the country’s current state of urbanisation, and is prohibitive towards businesses.

“A person shall not sell a tobacco product within a radius of one hundred metres from any place primarily serving persons under the age of eighteen years,” reads the proposed provision in the Bill.

Commenting on the Bill, BAT Kenya’s Senior Regulatory Affairs Manager Billy Tsuma said that whilst the tobacco industry supports progressive legislation, the current proposed amendments to the Tobacco Control Act need to strike the balance between public health and livelihoods whilst being evidence-based.

“We support regulation that is evidence-based, consultative, fit-for-purpose, and practically enforceable. We have seen many issues raised by traders and other players in the value chain ranging from the issue of licensing by counties to the issue around restrictions of sale of tobacco products within a certain radius. When a proposal is made that sales should not be made at any place within a 100-metre radius of children, it becomes very difficult to enforce. We call upon the committee to hear these views that are being given by different stakeholders across the country with the view of delivering a law that strikes the balance between public health, legal businesses and the realities on the ground,” he said.

Similar sentiments were raised by Sharlynne Chelang’at, a trader in Uasin Gishu County, who called for the strict enforcement of current laws that prohibit sale of tobacco products to underage persons, saying that the current proposal is not practical.

“The proposed law seeking to restrict sale of tobacco products to more than 100 metres from places with children does not work and is impractical. Instead, the current law prohibiting sale of these products to underage users should be strictly enforced with hefty fines applied to anyone who contravenes the law,” she said.

The Tobacco Control (Amendment) Bill was introduced in the Senate by nominated Senator Catherine Mumma and seeks to amend the Tobacco Control Act of 2007 to include regulation on new and emerging products in the tobacco industry such as nicotine pouches and vapes.

The Bill is currently committed to the National Assembly Committee on Health, which is undertaking public participation engagements across seven counties. The committee will conclude the exercise in Kisumu and Laikipia counties this Saturday before the House resumes sittings next week on Tuesday.