Health Ministry warns of rise in new nicotine products as MPs review tobacco laws

Parliament has been informed that Kenya’s tobacco control framework is facing fresh pressure from fast-rising nicotine products and aggressive online marketing targeting young people, even as the country defends gains made over the years in regulating tobacco use.

The Ministry of Health, through the State Department for Public Health and Professional Standards, appeared before the National Assembly Departmental Committee on Health to report on the implementation of the Tobacco Control Act, 2007 and use of the Tobacco Control Fund. Officials said Kenya has recorded progress but warned that emerging products and changing consumption patterns are creating new gaps.

Principal Secretary Mary Muthoni told MPs that while enforcement has improved over time, the rise of new nicotine products and shifting industry tactics now require urgent legal updates. She noted that Parliament is already considering reforms to address the challenge.

The session, chaired by James Nyikal (Seme), also focused on the Tobacco Control (Amendment) Bill, 2024 sponsored by Sen. Catherine Mumma, which seeks stricter regulation of production, sale, advertising and use of nicotine products including vapes and nicotine pouches.

Nyikal said the committee would carry out broad consultations once the Bill reaches the National Assembly.

"We will meet with the State Department and other key stakeholders and examine the Amendment Bill clause by clause. This will enable us to develop practical solutions that will strengthen tobacco control in the country," said Nyikal.

The Ministry said Kenya remains a regional leader in tobacco control after adopting the World Health Organization Framework Convention on Tobacco Control, ratified in 2004, followed by the Tobacco Control Act, 2007 and regulations in 2014.

“The Tobacco Control Board was established under Section 5 of the Tobacco Control Act, 2007 to oversee implementation of the Act and advise the Cabinet Secretary for Health on tobacco control policies and regulations,” the Ministry stated.

Key achievements highlighted include smoke-free public spaces, restrictions on advertising, cessation programmes, awareness campaigns and introduction of graphic health warnings. Kenya was also the first in Sub-Saharan Africa to introduce pictorial warnings covering 60 percent of cigarette packs.

Public awareness has expanded across counties. In 2025/26, sensitisation programmes were conducted in 25 counties targeting Community Health Promoters, including Kiambu, Migori, Tharaka Nithi, Isiolo, Bomet, Kericho, Nandi, Laikipia, Nyamira, Nakuru, Nyandarua, Embu, Machakos, Nairobi, Turkana, Kirinyaga, Homa Bay, Kisumu, Busia, Murang’a, Mombasa, Kajiado and Kitui.

About 36,000 Community Health Promoters have been trained, while Port Health, Kenya Revenue Authority, Kenya Bureau of Standards and National Police Service officers at entry points have also been sensitised.

“As at June 2026, the department conducted awareness campaigns in Murang’a and Meru reaching a total of over 14,000 students in High schools,” the submission states.

The government also reported progress in reducing tobacco farming through the Tobacco-Free Farms programme launched in Migori in 2022 with support from the World Health Organization, Ministry of Agriculture, FAO, WFP and the Cereal Growers Association.

“This program has seen the transition of approximately 4000 farmers in Migori to growing Nyota beans,” the Ministry said.

The programme is being expanded to Meru, Embu, Bungoma, Homa Bay and Busia counties, with farmer mapping ongoing.

However, the Ministry warned that new nicotine products such as nicotine pouches, electronic nicotine delivery systems (ENDS), heated tobacco products and synthetic nicotine products are not fully covered under existing law.

“The Tobacco Control Act 2007 does not adequately cover the Novel Emerging tobacco and Nicotine products. The review of this ACT is in progress through Senate bill No.35 of 2024,” the Ministry stated.

Officials also raised concern over digital marketing strategies used by tobacco companies targeting young people.

Findings from the Kenya Tobacco Industry Monitoring and Response (TIMR) project showed high exposure to online content, with “86 percent of Kenyans are exposed to digital content, while 79 percent of the youth forms the primary audience with 93 percent believing that influencers are effective in promoting tobacco and nicotine products.”

“The Tobacco industry is targeting the youth with product appeal which is driven by sleek, discreet and packaging that resembles tech gadgets,” the Ministry said.

It called for stronger regulation of online advertising, influencer marketing, sponsored content and digital sales.

Other challenges include tobacco industry interference in policy, weak enforcement due to limited officers, illicit trade and gaps in cessation services.

On funding, the Ministry said the Tobacco Control Fund is financed through parliamentary allocations, forfeited assets, grants, investment income and the Solatium Compensatory Contribution from licensed manufacturers and importers.

“The primary operational source of revenue remains the Solatium Compensatory Contribution, which supports implementation of tobacco control programmes nationwide,” the Ministry told MPs.

Funds are used for awareness campaigns, construction of cessation centres in Meru and Nakuru, research on emerging products and enforcement activities.

The Ministry maintained that the Tobacco Control Act remains central to public health protection.

“Nearly two decades after enactment, the Tobacco Control Act, 2007 remains Kenya's principal legal framework for tobacco control and has significantly contributed to regulation of tobacco and nicotine products, protection from second-hand smoke, restrictions on advertising and promotion, and public awareness of tobacco-related harms.”

It added that stronger enforcement, updated laws, and expanded cessation services will be key to addressing emerging threats.