Kenyan tobacco firms challenge shisha ban

The tobacco industry has challenged the Ministry of Health's ban on shisha products in the country.

A newly formed industry association, the Novel Tobacco Products Association (NTPA), has been registered in Kenya, signaling a concerted effort by stakeholders in the burgeoning novel tobacco market to shape regulatory policy and challenge existing bans.

This move comes as the government intensifies its crackdown on smoking Shisha and scrutiny of products like vapes, e-cigarettes and nicotine pouches.

The NTPA aims to champion the interests of manufacturers, importers, wholesalers, retailers and consumer groups involved in the novel tobacco sector.

A core objective is to establish self-regulation mechanisms, ensuring safe consumption practices and fostering industry accountability.

The association also seeks to bridge the gap between industry players and government agencies, advocating for a more collaborative regulatory framework.

Central to the NTPA's agenda is the contentious ban on Shisha, enacted in 2017 under public health regulations, which the Ministry of Health continues to enforce, citing significant health risks.

The ministry recently reaffirmed that the ban on the importation, manufacture, sale and use of Shisha in Kenya remains in effect.

The ban has drawn sharp criticism from the NTPA, which argues that it lacks a sound scientific basis and unfairly favours traditional tobacco products like cigarettes.

Okalle Makanda, the NTPA's lawyer, has formally challenged the government's stance in a letter to the Principal Secretary for Public Health Mary Muriuki.

Makanda asserts that while the government has the authority to regulate tobacco consumption, an outright ban through subsidiary regulations is legally questionable, particularly if the enabling legislation does not explicitly prohibit such consumption.

"The conduct of the ministry is misleading the public into thinking that cigarette smoking is preferred over novel tobacco products," Makanda stated, emphasising the need for equitable regulation across all tobacco products.

The NTPA advocates for a balanced regulatory approach with self-regulation as a means to ensure compliance and consumer protection.

The association has requested a meeting with ministry officials to discuss a more nuanced regulatory framework, warning that the current "one-sided implementation" has threatened legitimate businesses and driven products into the black market.

"We request engagement with the government to establish proper regulation of novel tobacco products in line with the court’s advisory," Makanda said, underscoring the potential for a collaborative approach to foster industry growth and safeguard consumer interests.

The emergence of the NTPA reflects the growing economic significance of the novel tobacco sector in Kenya. The association's push for regulatory clarity and a level playing field signals a strategic move to secure its members' long-term viability in a rapidly evolving market.

The outcome of their engagement with government authorities, if it does take place, will be closely watched by investors and industry stakeholders alike, as it will shape the future landscape of Kenya's tobacco industry.