Tobacco Industry Interference Alert #8

Senate’s Moves Play into Tobacco Industry’s Delay Tactics
Authored by: Oduor Kevin, Chief Programs Officer, Stowelink Foundation

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 clarity of implementation. While legislative oversight is a healthy part of democratic governance, the timing and framing of these concerns strikingly resemble tactics historically used by the tobacco industry to delay life-saving public health policies.

This alert follows up on our earlier analysis—“Delay by Design: How CASA is Undermining Kenya’s Tobacco Control”—which highlighted how the Campaign for Safer Alternatives (CASA), a known tobacco industry front group, previously lobbied the Senate to reopen public hearings on the Tobacco Control (Amendment) Bill, 2024 under the pretense of including new senators. This latest move appears to be part two of that playbook.

Public Participation Concerns: Real or Manufactured?

The committee’s main objection is whether “wananchi” were adequately engaged in developing the 16-image graphic warnings to be placed on all tobacco packaging. Yet, there is ample documentation—including this statement by the Ministry of Health—that confirms inclusive public participation efforts were undertaken.

It is worth noting that public participation, while a constitutional requirement, can be misused as a stalling tactic. As documented by the World Health Organization, industry interference in policymaking—often disguised as calls for more consultation—is one of the greatest barriers to effective tobacco control under Article 5.3 of the WHO Framework Convention on Tobacco Control (WHO FCTC, 2021).

Delaying Warnings, Undermining Progress

Graphic Health Warnings are a globally recognized best practice in tobacco control. Evidence from countries like Uruguay and Thailand has shown that such warnings reduce tobacco uptake and support quitting (Hammond, 2011). Kenya’s regulations are modeled on these successes.

Unfortunately, this renewed Senate scrutiny threatens to delay not only the implementation of graphic health warnings but also the broader Tobacco Control (Amendment) Bill, 2024, which has already endured prolonged obstruction from industry-linked actors. These delays put lives at risk in a country where over 9,000 people die each year from tobacco-related diseases (Tobacco Atlas, 2022).

Who Benefits When the Senate Stalls?

While CASA and its allies may celebrate procedural delays, it is ordinary Kenyans—especially young people targeted by flavored and attractively packaged tobacco products—who bear the health and financial consequences. The cost of treating tobacco-related illnesses continues to burden families and the national healthcare system.

This moment calls for leadership. The Senate’s hesitance, whether intentional or not, plays directly into the tobacco industry’s delay strategy. We must not allow manufactured procedural hurdles to derail life-saving interventions.

Call to Action: Stand Up for Public Health

Stowelink Foundation calls on the Senate Committee on Delegated Legislation to uphold Kenya’s public health interests and proceed with the implementation of the Graphic Health Warnings for Tobacco Products Regulations, 2025 without further delay. We urge the committee to fast-track the passage of the Tobacco Control (Amendment) Bill, 2024 and resist the influence of industry-affiliated voices.

Public health must take precedence over industry profit. Kenya’s lawmakers have a responsibility to protect present and future generations from preventable harm.

As Stowelink Foundation, we remain committed to advancing tobacco control in Kenya and across the world by tackling tobacco industry interference.

#TIIDWI2025

References

Hammond, D. (2011). Health warning messages on tobacco products: a review. Tobacco Control, 20(5), 327–337. https://doi.org/10.1136/tc.2010.037630
World Health Organization (2021). WHO Framework Convention on Tobacco Control: Implementation of Article 5.3. https://fctc.who.int
Tobacco Atlas (2022). Kenya Country Profile. https://tobaccoatlas.org/country/kenya/
Ministry of Health Kenya (2024). Public Participation on Implementation of Graphic Health Warnings for Tobacco Products. https://www.health.go.ke/public-participation-implementation-graphic-health-warnings-tobacco-products
Oduor Kevin (2024). Delay by Design: How CASA is Undermining Kenya’s Tobacco Control. LinkedIn Article
Victor, K. (2024). Stakeholders Challenge MOH on Tobacco Graphic Health Warnings. Climate Lens News. https://climate.co.ke/stakeholders-challenge-moh-on-tobacco-graphic-health-warnings/

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