#TIIDWI2025 No. 8
Introduction: A Familiar Pattern of Delay
On July 22, 2025, the Senate Committee on Delegated Legislation raised concerns over the Graphic Health Warnings for Tobacco Products Regulations, 2025, questioning the adequacy of public participation and implementation clarity. While such scrutiny is part of the democratic process, the timing and nature of these questions strongly mirror a familiar script—the tobacco industry’s long-standing tactic of delay and interference.
As highlighted in my earlier LinkedIn article “Delay by Design: How CASA is Undermining Kenya’s Tobacco Control”, the Campaign for Safer Alternatives (CASA)—an industry-funded front group—previously lobbied the Senate to reopen public hearings on the Tobacco Control (Amendment) Bill, 2024, claiming new members needed fresh input. This current Senate move seems to be part two of the same playbook.
Public Participation Concerns: Real or Manufactured?
The Senators’ skepticism centers on whether “wananchi” (citizens) were meaningfully involved in shaping the 16-image health warnings now mandated on all tobacco packaging. While public participation is a constitutional requirement in Kenya, it should not be weaponized to stall public health interventions. There is documented evidence from the Ministry of Health and civil society stakeholders showing that consultative forums were held. In fact, Kenya has a robust history of engaging the public in health policy reforms (Ministry of Health, 2024).
Industry-linked groups like CASA often exploit procedural doubts to delay policy action. This tactic is widely documented by the World Health Organization (WHO), which lists policy interference as a major barrier to tobacco control implementation under Article 5.3 of the WHO Framework Convention on Tobacco Control (WHO FCTC, 2021).
Delaying Graphic Health Warnings and the Amendment Bill
The Graphic Health Warnings Regulations are a step in the right direction and align with global best practices in tobacco control. Countries such as Uruguay and Thailand have demonstrated the effectiveness of graphic warnings in reducing tobacco uptake and increasing quit rates (Hammond, 2011).
The current Senate move not only threatens the implementation of these warnings but also risks stalling the Tobacco Control (Amendment) Bill, 2024, which has already faced industry-backed pushback. The delay of both instruments risks reversing public health gains in a country where 9,000 Kenyans die annually due to tobacco-related illnesses (Tobacco Atlas, 2022).
Who Loses When the Senate Hesitates?
While CASA may be smiling in boardrooms having aggressively pushed for public hearings to be re-opened, everyday Kenyans are the real losers. Tobacco-related illnesses impose a financial burden on households and the healthcare system. Youth, often the target of flavored and attractively packaged tobacco products, are most at risk.
This Senate hesitation may be well-meaning (which I doubt, suspecting the tobacco industry’s hand in this), but it ultimately aids industry interests. The public deserves timely action on policies that save lives—not procedural delays dressed as due diligence.
Call to Action: Prioritize Public Health Over Profit
Kenya must remain vigilant against covert industry interference. The Senate should proceed with the implementation of the graphic health warnings and expedite the passage of the Tobacco Control (Amendment) Bill, 2024 without succumbing to manufactured distractions.
Leadership in public health means standing firm against vested interests and keeping the wellbeing of citizens at the core of policy decisions.
References
Hammond, D. (2011). Health warning messages on tobacco products: a review. Tobacco Control, 20(5), 327–337. Available at: https://doi.org/10.1136/tc.2010.037630
World Health Organization (2021). WHO Framework Convention on Tobacco Control: Implementation of Article 5.3. Available at: https://fctc.who.int
Tobacco Atlas (2022). Kenya Country Profile. Available at: https://tobaccoatlas.org/country/kenya/
Ministry of Health Kenya (2024). Public Participation on Implementation of Graphic Health Warnings for Tobacco Products | Ministry of Health. [online] Health.go.ke. Available at: https://www.health.go.ke/public-participation-implementation-graphic-health-warnings-tobacco-products [Accessed 29 Jul. 2025].
Oduor Kevin (2024). Delay by Design: How CASA is Undermining Kenya’s Tobacco Control.
https://www.linkedin.com/pulse/delay-design-how-casa-undermining-kenyas-tobacco-control-oduor-kevin-6jwgf/ Victor, K. (2024). Stakeholders Challenge MOH on Tobacco Graphic Health Warnings – Climate Lens News. [online] Climate Lens News. Available at: https://climate.co.ke/stakeholders-challenge-moh-on-tobacco-graphic-health-warnings/ [Accessed 29 Jul. 2025].
ODUOR KEVIN 