By Lenah Bosibori
Stakeholders against tobacco use in Kenya have urged the government to increase tobacco and tobacco products taxes to curb the rising consumption among young people, reduce addition and stem associated illnesses.
Speaking in Nairobi on Thursday during the 3rd Annual Conference on Tobacco Taxation hosted by the National Taxpayers Association (NTA), Celine Awuor the Chief Executive Officer International Institute for Legislative Affairs said that Tax is an effective tool to address tobacco consumption yet underutilized in reducing tobacco use.
“We want cigarettes and tobacco products to be expensive so that they are out of reach of children, we are having new products that are cheap and relatively affordable meaning the young people are able to access and pick up these habits early and then get hooked into addiction,” said Awuor.
Currently, cigarette taxes in Kenya constitute 32% of the retail price and the World Health Organization (WHO) recommends that taxes to tobacco products should be between 70% and 75% of the retail price to assist in preventing cigarette consumption.
Further, the average trading price of a 20 pack of cigarettes costs Sh 340 as more than 7,700 unique e-cigarette flavorings are present on the market. Some flavorants contain a chemical called diacetyl which when installed can cause bronchiolitis obliterans.
Bronchiolitis obliterans also known as “popcorn lung,” is a serious condition that damages the tiny airways in one’s lungs, making it hard to breathe. It happens when the small tubes that carry air into the lungs become inflamed and scarred, blocking the flow of air.
“Kenya is currently having a challenge in taxing new products like Oral Nicotine pouches and electronic Cigarettes whose tax regime is still not strong, we tax our cigarettes based on whether they contain filters or not, yet evidence by World Health Organization (WHO) shows that we should have uniform simple taxation for all tobacco products,” said Awuor.
Further Awuor said that Kenya faces challenges in taxing new tobacco products like Oral Nicotine Pouches and electronic cigarettes because the tax regime is weak with no amendments to the current Act as it was enacted in 2007.
“We are facing significant challenges with the taxation of new products like oral nicotine pouches and electronic cigarettes, whose tax regimes are still weak, the taxes are far from where they need to be,” she said.
“All tobacco products should be taxed uniformly, as recommended by the WHO. “Uniform taxation would prevent both consumers from substituting cheaper products and the industry from manipulating the system. We also need to adjust our tobacco taxes for inflation, something we are not currently doing,” said Awuor.
According to a study released during the conference, the use of e-cigarettes results in short-term elevations of blood pressure. In high income countries raising the price of cigarettes by 10% leads to an estimated reduction of 4% in the demand for cigarettes. An equivalent price change in low- and middle-income countries would likely result in a 6% average fall in demand according to a study presented during the conference.
Dr. Naom Shaban, Chairperson of the Tobacco Control Board, echoed Awuor’s concerns, noting that the Tobacco Control Act of 2007 does not account for the newer smokeless products that are now flooding the market. “We are in the process of reviewing the law to fill that gap. We need to ensure the law reflects the reality of the products currently being consumed,” she said.
“Tobacco control Act was enacted in 2007, and since then there are quite a number of new and emerging products which have come to the market and which were not anticipated in the Law,” said Dr Shaban. “We want to get a Law that will cater for cigarettes and the new emerging products.”
She also highlighted the importance of tobacco taxes as a deterrent, saying, “Higher taxes would push many users to quit, and make tobacco products too expensive for regular use. For young people, this could be the barrier they need to avoid addiction.”
“The Law is not focused on the new and emerging products. Most of the products in the market are smokeless, we are in the process of relooking at the Law so that we see what we can amend and be able to bring on board things which were left and fill the gap and align the Act with the new Constitution,” she added.
She further highlighted the increase of illicit tobacco products saying that they are causing a challenge in the market as they are not registered with the ministry of Health.
“Illicit tobacco products also pose a growing challenge, these products are dangerous because we don’t know their contents, and they bypass health regulations,” she said. To curb this, Dr Shaban noted that the Tobacco Control Board is partnering with the Kenya Revenue Authority (KRA) to crack down on illegal imports and ensure all tobacco products are properly taxed and monitored.
Dr. Andrew Toro, Head of the Drug and Substance Abuse Control Division at the Ministry of Health, emphasized the need for stronger tax measures and said the revenue collected would be used to fund public health campaigns and research. “We have already launched a public education campaign on the dangers of tobacco in all 47 counties, and we plan to commission five studies in the next year to explore various aspects of substance abuse.”
According to Dr Toro, the average tobacco consumer amongst the adults in the country is about 11%. Rates are much higher among men than among women: 19.1 percent of men and 4.5 percent of women use tobacco products. “We want to reduce that significantly so that we can green it down to the standards that are required,” he said.
The urgency of the issue is stressed by a recent study showing that about 600,000 Kenyan youth, aged 10-17, are already using nicotine and tobacco products. “That’s 2.5% of our youth,” said Dr. Toro. “The tobacco industry is clearly targeting them, and we need to step up our efforts to protect our future generations.”
All speakers agreed that revising the Tobacco Control Act to address new products, while raising taxes across the board, would be critical in reducing tobacco use and safeguarding public health.