By Dickson Mwiti
Tobacco farmers and players in the tobacco value chain in Meru and Tharaka-Nithi counties have raised concerns over the Tobacco Control (Amendment) Bill, 2024, calling for further review of provisions relating to licensing, taxation, packaging and regulation of emerging nicotine products.
The stakeholders said some of the proposed provisions could increase the regulatory burden on farmers and businesses and called on Parliament to address their concerns before the Bill is enacted.
The concerns were raised during public participation forums held in the two counties as the National Assembly Departmental Committee on Health seeks views on the proposed amendments.
In Tharaka-Nithi, the forum was held at Kaanwa Market in Mariani Ward, Igambang’ombe Constituency, where farmers and other stakeholders were sensitised on the Bill and proposed measures to regulate emerging nicotine products made using synthetic nicotine.
Nyeri Town MP Duncan Maina Mathenge, who led the parliamentary team, said some farmers had initially been misinformed that the proposed amendments were intended to stop tobacco farming.
Mathenge said the Bill sought to bring new nicotine products, including those made from synthetic nicotine, under the tobacco-control framework.
“We are introducing the control of new products that are not natural tobacco but synthetic,” he said.
He explained that the existing law did not cover the products because they were not available in the market when the legislation was enacted.
Mathenge said the committee had received views from stakeholders on licensing and standards, with some recommending a ban on synthetic nicotine products on grounds that they compete with locally grown tobacco.
He said tobacco farming remained an important economic activity and source of income for residents in the region.
Chuka/Igambang’ombe MP Patrick Munene, who is Vice-Chairperson of the National Assembly Departmental Committee on Health, said the proposed amendments would help regulate synthetic nicotine products and protect tobacco farmers from competition posed by laboratory-manufactured alternatives.
Munene said some synthetic nicotine products were already being sold in supermarkets and chemists, adding that the committee would support measures to regulate products that were not made from natural tobacco.
“We are ready to support our people,” Munene said.
He also encouraged tobacco farmers to form cooperatives to strengthen their bargaining power and enable them to benefit more from tobacco farming.
However, tobacco farmer Erastus Kinyua Mbogori said farmers supported the need for regulation but wanted some sections of the Bill reviewed to address their concerns.
Mbogori raised concerns over proposed packaging requirements, saying farmers had traditionally used dried banana leaves when handling tobacco.
He called for clarity on whether farmers would continue using traditional packaging methods or be required to adopt alternative materials.
He also expressed concern over proposed licensing requirements, saying farmers feared the licences could come with additional obligations, including taxation.
“As stakeholders, some of those sections need to be amended further,” he said.
PERAK Caucus Chairperson Nicholas Mutua also raised concerns over the proposed licensing provisions, particularly Sections 20A(1) to 20A(5).
Mutua said the provisions required further consideration to ensure licensing requirements were clear and workable for businesses dealing with tobacco products.
In Meru County, tobacco farmers and other stakeholders similarly raised concerns over the proposed legislation, particularly what they described as possible dual licensing and increased taxation.
The stakeholders said additional licensing requirements could increase the cost of doing business and affect farmers and other players in the tobacco value chain.
They called for clarity on the proposed regulatory framework and urged Parliament to consider the economic implications of the amendments on tobacco-growing communities and businesses.
The stakeholders further called for a clear distinction between conventional tobacco products and emerging nicotine products, saying regulation of the latter should not create unintended challenges for farmers producing natural tobacco.
The Tobacco Control (Amendment) Bill, 2024 seeks to expand Kenya’s tobacco-control framework to cover emerging nicotine products, including electronic nicotine delivery systems, e-hookahs and nicotine pouches.
It proposes measures relating to nicotine content, packaging and health warnings, as well as restrictions on the sale of tobacco and nicotine products to persons below 18 years.
The Bill also proposes restrictions on digital advertising and the use of tobacco and nicotine products in areas where food and beverages are prepared, served or consumed.
Other provisions seek to address tobacco-related waste and pollution.
Moyale MP Prof. Guyo Waqo Jaldesa also attended the Tharaka-Nithi public participation forum.
The forums in Meru and Tharaka-Nithi formed part of the National Assembly Departmental Committee on Health’s nationwide public participation exercise on the proposed amendments.
