Nominated Senator Catherine Mumma has tabled a motion in the Senate seeking the ban of Electronic Cigarettes or strict regulations on substance use. In a heated debate, the motion was proposed by Senator Cheragei of Nandi County, Okongo Omegeni of Nyamira County and Dr. Bonny Khalwale the senate Majority Whip wanting the government to establish rules to govern the production, sale, advertising and consumption of synthetic nicotine, and control the illicit trade of counterfeit products. The senators also raised concerns over abuse of nicotine and increased usage of e-cigarettes mostly amongst primary and secondary school students. The e-cigarettes under the senate’s watch in Kenya include Vape pens, E-liquids, Sheesha and Sheesha Flavors.
Referring to section 32 of the Tobacco act 2007 which provides Right to smoke free environment, Sub section (i) Every person has a right to a clean and healthy environment and the right to be protected from exposure to second-hand smoke. Sub-section (ii) Every person has a duty to observe measures to safe guard the health of non-smokers. Sub-section (iii) Every head of family including a parent and or guardian is responsible for ensure that the children are free from second-hand smoke – the senate claimed that the ministry of heath is sleeping on its job and hasn’t implemented the Tobacco act fully. The Tobacco Act defines key terms and covers topics including, restrictions on public smoking, tobacco advertising, promotion and sponsorship, packaging and labelling of tobacco products.
According to the Senate lead by nominated Senator Catherine Mumma, Section 2 of the Act does not contemplate non tobacco products and therefore lacks restrictions on the use, advertising, promotion and sponsorship, or packaging and labelling of synthetic nicotine in the form of e-cigarettes. Lack of restrictions has resulted in the increase in popularity and consumption of e-cigarettes among the youth including minor children. The Senate is now awaiting for the legislation proposal to tame vapes and Sheesha.