By Omboki Monayo
Nairobi, Kenya: The ongoing tumultuous battle against tobacco in Kenya saw a dramatic episode on October 1, 2022. Police, joined by National Environment Management Authority (NEMA) and Nairobi County officials, launched a crackdown on five entertainment venues in Nairobi’s upscale Kilimani area. This action was in response to persistent residents’ complaints about noise disturbances and obstructions.
The raids were particularly impactful at the Oyster Bar, resulting in the arrest of its manager and 14 other staff members. Law enforcement also confiscated 20 pots of shisha, a substance that remains illegal in Kenya. This intensified the demand for clarity from the Tobacco Control Division, which remains silent on potential legal action against the offenders.
Adding complexity to this already charged situation, Velo, a smokeless nicotine product, has found its way into the Kenyan market. This development has occurred despite the Ministry of Health’s 2019 ban on Lyft, a similar product.
The Kenya Tobacco Control Alliance (KETCA) has underscored the dire public health implications of the tobacco industry. According to KETCA, tobacco is projected to cause over 9,000 deaths in Kenya by the end of 2022. This comes alongside an expected 40,000 new cancer diagnoses directly linked to tobacco use. Mr. Thomas Lindi, representing KETCA, stated, “Numerous studies done in Kenya show tobacco farming is unprofitable. Most of those who farm the crop are wallowing in poverty and are often unwell as a result.”
Supporting Lindi’s statement, a 2022 joint study from the University of Nairobi and the American Cancer Centre highlighted potential agricultural alternatives. The research suggested that farmers in counties like Migori, Busia, and Meru could reap more profit, as much as Ksh80,000 ($697.47) per acre, by pivoting to crops like vegetables, grains, and cereals.
However, despite the detrimental effects of tobacco, Kenya’s efforts in tobacco control have dwindled. The recent Africa Tobacco Interference Index ranked Kenya as the continent’s worst performer. The report alarmingly revealed, “Eight countries have shown deterioration from their 2021 rankings, with Kenya showing the highest level of deterioration.”
This downward trajectory was exacerbated in November 2022. Following President William Ruto’s visit to South Korea, a tweet hinting at bilateral discussions around expanding the tobacco industry was posted but later deleted due to overwhelming public backlash. Addressing the issue, Ketca’s Board Secretary, Mr. Thomas Lindi, firmly pressed the government on December 1, 2022, stating, “We ask the government to immediately cancel aspects of the Kenya-South Korea agreement that touch on tobacco.”
By August 9, 2023, the controversy intensified. Trade Cabinet Secretary Moses Kuria announced potential plans to relax regulations on the tobacco industry. His tweet indicated a shift towards accommodating tobacco companies wanting to introduce new products, especially highly addictive nicotine pouches.
In response to this, a coalition of tobacco control advocacy groups, including the International Institute for Legislative Affairs (IILA), KETCA, Den of Hope, and the Consumer Information Network, issued a vociferous joint statement denouncing the move as “deeply retrogressive.”
Dr. Mary Asunta, an expert on the subject who was also the interference report’s lead author, emphasized the need for strict implementation of Article 5.3 of the FCTC. She said, “Article 5.3 should be strictly implemented and enforced as it is the section of the treaty that deals with the elimination of conflict of interest and corruption.”
While the public health community remains alarmed, BAT Kenya’s recent haul of accolades at the 19th Energy Management Awards (EMA) reflects a different narrative. Their recognition by the Kenya Association of Manufacturers (KAM) showcases the influence that the tobacco industry proudly wields in corporate Kenya.
Senator Sabina Chege’s October 5, 2023, Senate appearance further intensified the debate around the emergence of new-generation tobacco products targeted at youthful consumers in the Kenyan marketplace. She presented samples of the nicotine product Velo, vapes, and e-cigarettes and pressed the government through CS Susan Nakumicha to halt their sale.
Contrarily, some voices continue to advocate for tobacco harm reduction. These activists have sponsored medical professionals to champion e-cigarettes and nicotine pouches in mainstream media. They use Sweden’s success with smokeless products as a reference point for their advocacy.
However, prominent figures like Prof Olalekan A Ayo-Yusuf who lectures at the University of Pretoria’s School of Health Systems and Public Health, remain skeptical of the purported health benefits of the growing movement. On the topic of harm reduction, he commented, “We are witnessing a trend where harm is being normalized and labeled as harm reduction. We must move away from normalizing harm,” the scientist says.
As Kenya grapples with these multifaceted challenges, backed by the eagerness of the tax-focused regime to harness the potential tax revenues from a revitalized tobacco industry, the debate around tobacco control and public health continues to be at the forefront, with the health and well-being of millions at stake. In the meantime, tobacco control’s success or failure in the country will largely depend on the regulatory path that the Kenya Kwanza regime will take in the short term. It is clear that the executive’s decisions in the sector will have far-reaching long-term effects on the country’s populace.
