Tobacco firms call for change in new law

Tobacco firms have urged the government to suspend the rollout of new laws on cigarette packaging to allow consultations.

Representatives from Tobacco companies and traders said some of the provisions in the Tobacco Control Regulations 2014, pegged on the Tobacco Control Act of 2007 were unconstitutional.

They told the Senate Committee on Delegated Legislation chaired by Mr Stephen Sang’ (Nandi, URP) that players in the tobacco industry were not involved in the preparation of the regulations that have resulted in some 10 contested clauses.

Those present included BAT Kenya Managing Director Chris Burrell, Mr Josh Kirimania, the director of corporate affairs at Mastermind Tobacco, Ms Frida Mbugua from the Kenya Association of Manufacturers and Mr Patrick Muya from the Pubs, Entertainment and Restaurant Association of Kenya.

Senator Boy Juma Boy (Kwale, ODM) said a brief from the Ministry of Health indicated that there were consultations before the regulations were published on December 5, 2014.

Mr Burrell appealed before the committee to guide the Cabinet secretary and the Attorney-General to suspend implementation of the regulations to allow consultations aimed at ensuring the regulations conform to the law.

“It was not a satisfactory process. The regulations should be practical for enforcement. Lets dialogue and amend certain clauses rather than do away with the entire Act,” said Mr Burrell.

He said implementation of the regulations before completion of scrutiny would expose legitimate players in the tobacco industry to disruption as a result of lack of clarity on the law.

There are fears that traders would be driven out of business, yet the tobacco industry contributes significant revenue, creating over 80,000 jobs.

Mr Muya said many traders rent their business premises and most of them would not be able to create additional rooms for smokers without interfering with the buildings’ architectural plans.

“The regulations provide for a designated smoking area. The room must be covered from the floor to the roof and should have extractors. This is simply not practical. We shall need extra space yet we are mere tenants,” said Mr Muya.

He added that the regulations, which are expected to take effect on June 5, would increase cases of extortion as traders seek protection from law enforcers.

“The regulations will increase the cost of doing business with risk of closure and loss of revenue. We need a universally acceptable law,” said Mr Muya.

Mr Kirimania faulted the regulations for asking the minister for Agriculture to put in place viable economic alternatives for tobacco farmers.

“There is no alternative to smoking. People will still smoke. They will seek alternatives and unscrupulous traders would smuggle cigarettes, which are more harmful to the consumers,” said Mr Kirimania.

In the process, he said, the government would lose revenue due to the stringent regulatory measures that have nothing to do with protecting the tobacco industry, smokers and non smokers.

The group also said the tobacco industry had not received information from the Ministry of Health that specifies the graphic images to be printed on cigarette packets.