Harm Reduction Society of Kenya urges Parliament to rethink tobacco reforms, warning the Bill could fuel illicit trade The Harm Reduction Society of Kenya has raised concerns over several provisions contained in the Tobacco Control (Amendment) Bill, 2024, warning lawmakers that some of the proposed measures could undermine public health goals, increase illicit trade and create unnecessary regulatory burdens.
In a memorandum submitted to the National Assembly and signed by Secretary General Michael Kariuki, the society urged MPs to adopt a more balanced and evidence-based approach to tobacco regulation, arguing that the legislation should focus on harm reduction rather than prohibition.
The society welcomed the ongoing review of Kenya's tobacco control laws, noting that the tobacco industry has evolved significantly since the enactment of the Tobacco Control Act in 2007. "We support legislative initiatives that will result in updating the current laws to speak to these realities and also reduce harm in society," the memorandum states.
However, the organisation cautioned against what it described as an overly restrictive approach to regulating alternative tobacco and nicotine products. "It is our submission that the amendment should strengthen the regulation of tobacco products, including recognising the right of consumers to use these products based on informed choice as well as protect minors," the society said.
According to HRSK, outright prohibitions are unlikely to achieve the desired public health outcomes and could instead fuel illegal markets. The illicit tobacco market in Kenya accounts for nearly 47 per cent of total cigarette consumption. This black market trade—primarily fueled by large-scale smuggling of tax-evaded cigarettes from neighboring countries like Uganda—costs the government roughly Sh12 billion in lost annual tax revenue and significantly impacts legitimate local industries, while exposing consumers to sub-standard products.
"A prohibitive approach will only benefit illicit trade while undermining both public health and the economic contribution of legitimate enterprises," the memorandum says. The society further called on the National Assembly to ensure the legislative process complies fully with constitutional and legal requirements.