Members of the public in Kisumu and Laikipia Counties have raised differing views on proposed changes to Kenya’s tobacco control laws, including new licensing requirements, flavoured nicotine products and online advertising.
On Saturday, the Departmental Committee on Health concluded receiving public views on a legislative proposal seeking to strengthen tobacco control measures.
Two sub-committees of the House team conducted the public participation exercises in the two counties.
Committee Chairperson Dr. James Nyikal, Seme MP, led a team that held an engagement at Ofafa Jericho Hall in Kisumu Town, while Nyeri Town MP Duncan Mathenge led another team at Inooro Girls Secondary School in Nanyuki.
The Kisumu session was attended by various stakeholders who differed on several clauses contained in the proposed legislation.
In Laikipia, members of the public and organised groups raised concerns over proposed new licences for dealers in new nicotine products and restrictions on online advertising.
The Bar Owners Association and a group of young people opposed the proposed ban on flavoured nicotine products, which proponents of the measure say can attract young people, including those below 18 years.
"The proposal on nicotine flavours is discriminatory. Let our legislators work on regulations that will empower law enforcement agencies. We have seen other products like milk with flavours, so why the focus on nicotine products only? I also want to ask that you delete the proposal on introducing new licences; we don't support that," said Mary Muthoni, a bar owner in Laikipia.
Another business operator, Danson Kamau, called for county governments to take responsibility for regulating the products.
"We want to see county governments handle this issue. This law should be under devolved functions. Why is it coming through the National Legislature? Please allow counties to do this work," he said.
Young people who participated in the exercise also opposed the proposed ban on online marketing of nicotine products.
They said some of them earn a living by marketing different products online, including nicotine products, and argued that the proposed restrictions could affect their income.
The Patron of Small Traders in Laikipia East also opposed the proposals, arguing that the licensing requirements could increase the cost of doing business and amount to double taxation.
"Hon. Members, this means the cost of doing business will go up and we shall close down our businesses for lack of customers. We can't pay for a licence at both the national and county government," he said.
A representative of the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) called for the proposed law to allow the agency to sit on the Advisory Board.
Some residents, however, objected to the proposal and accused NACADA officials of collecting bribes instead of enforcing existing regulations.
Duncan Mathenge said the proposed legislation was intended to address gaps in the current tobacco control law, particularly following the emergence of new nicotine products.
"The law on tobacco has been in existence since 2007; however, we have new products on the market and this is what we want to regulate. Electronic nicotine products were not covered in law, we have therefore come up with legislative proposals that you will agree or disagree with," said Mathenge.
He said the proposed measures were also intended to address health concerns linked to nicotine consumption and protect tobacco farmers from emerging synthetic products.
"The law is closing gaps on health issues because you need to consume products that are safe. We also need to protect our tobacco farmers from the new form of narcotics which is synthetic in nature. Lastly, there is the need to control the level of nicotine in these products. Too much nicotine is dangerous," he added.
The committee assured members of the public that the views raised during the public participation exercises would be considered when preparing its report for adoption and subsequent discussion in Parliament.