The Senator’s Shield: Protecting the Next Generation
The sponsor of the bill, Nominated Senator Dr. Catherine Mumma, has consistently argued that “characterising flavours” are nothing more than a marketing trap for children.
The “Candy” Critique: Health advocates supporting the bill point to flavours like watermelon ice and strawberry burst as clear attempts to make nicotine attractive to school-going youth.
The Digital Frontier: A key pillar of the 2026 bill is the ban on digital advertising. In Eldoret, where social media penetration among youth is high, the bill aims to prevent “influencer marketing” from glamorizing vaping and pouch use.
2. The Harm Reduction Counter-Argument
While health is the priority, Eldoret traders—supported by local health practitioners—are raising the concept of Harm Reduction.
The “Lesser Evil” Theory: Many adult smokers in Uasin Gishu use flavoured nicotine pouches or vapes as a tool to quit traditional combustible cigarettes, which are significantly more toxic.
The Prohibition Trap: Traders argue that by banning the “safer” (and flavoured) alternatives, the government is effectively pushing people back toward the deadlier, non-flavoured traditional cigarettes or, worse, unregulated black-market tobacco.
3. What Happens Next? The Legislative Calendar
The Senate resumed sittings on Tuesday, February 10, and the Tobacco Control Bill is high on the order paper.
Public Participation Phase: Following the outcry in Eldoret and Mombasa, there is a strong push to move the bill into a National Public Participation Tour. This would bring Senators directly to towns like Eldoret to hear from the ground before the final vote.
The KRA Factor: The Kenya Revenue Authority’s recent admission that over 50% of products are illicit has become the traders’ strongest weapon. If the KRA cannot control the current market, Senators are questioning how they will control a newly banned one.
