The Tobacco Control (Amendment) Bill, 2024

1 Jul 2024 domainSenate Senate Bills No. 35 of 2024
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

Health Ministry Approval Required for All Nicotine Products

The Bill makes it illegal to manufacture, import, distribute, store, or sell any tobacco or nicotine product without the prior approval of the Cabinet Secretary for Health. Dealing in unapproved products carries a penalty of up to KSh 1 million or 5% of the person's gross turnover (whichever is higher), or imprisonment for up to two years, or both.

2

Fines Up to KSh 1 Million for Prohibited Additives and Flavours

The Bill bans the manufacture or supply of tobacco products containing additives that imply health benefits (like vitamins), energy stimulants (like caffeine), colouring agents, or characterising flavours (such as fruit, spice, herbs, alcohol, candy, or menthol). Violators face a fine of up to KSh 1 million, imprisonment for up to two years, or both.

3

Volume and Nicotine Concentration Caps Imposed on Vapes and Pouches

The Bill introduces strict physical limits on electronic nicotine delivery systems and nicotine pouches:

  • Nicotine-containing liquid in refill containers must not exceed 10 millilitres, and single-use cartridges or tanks must not exceed 2 millilitres.
  • Nicotine liquid concentration is capped at 10 milligrams per millilitre.
  • Nicotine content in individual pouches is capped at 10 milligrams.
  • All pouch and vape systems must be child-proof, tamper-proof, and carry health warning labels.
4

Ban on Online Sales, Influencer Marketing, and Hawking

To curb adolescent consumption, the Bill introduces strict marketing and sales prohibitions:

  • Hawking, mobile vending, and vehicle sales of tobacco products are banned, with a fine of up to KSh 50,000 or up to six months of imprisonment.
  • Selling or advertising tobacco products on digital platforms, social media, or through brand ambassadors/influencers is prohibited, with fines up to KSh 500,000 or up to three years of imprisonment.
  • Offering free samples of vapes, pouches, or components is banned under a KSh 500,000 fine or up to three years of imprisonment.
5

County-Level Licensing Framework for Retailers and Distributors

Dealers must obtain a licence from their respective County Executive Committee Member for health before manufacturing, distributing, storing, or selling tobacco products. Operating without a licence or outside of licensed premises constitutes an offence punishable by a fine of up to KSh 100,000, imprisonment for up to 12 months, or both.

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