The tobacco industry in Kenya is pushing back against the Ministry of Health’s continued enforcement of the 2017 shisha ban. The recently registered Novel Tobacco Products Association (NTPA) has emerged as a powerful lobby group representing manufacturers, importers, wholesalers, retailers, and consumers of novel tobacco products, including shisha, vapes, e-cigarettes, and nicotine pouches.
The Ministry of Health recently reaffirmed that the sale, importation, and use of shisha remain prohibited due to significant public health concerns. However, the NTPA argues that the ban lacks a sound scientific foundation and unfairly favors traditional tobacco products like cigarettes. The association asserts that self-regulation and a more inclusive regulatory framework would be more effective than an outright ban.
A key objective of the NTPA is to establish self-regulation mechanisms to ensure safe consumption practices while promoting accountability within the industry. Additionally, the association seeks to bridge the gap between government agencies and industry players to develop a collaborative regulatory approach.
Okalle Makanda, the legal representative for the NTPA, has officially challenged the government’s position in a letter to Principal Secretary for Public Health, Mary Muriuki. He argues that while the government has the authority to regulate tobacco consumption, implementing a complete ban through subsidiary regulations may not be legally sound unless explicitly supported by primary legislation.
“The conduct of the ministry is misleading the public into thinking that cigarette smoking is preferred over novel tobacco products,” Makanda stated, calling for equitable regulation across all tobacco categories.
The NTPA has requested a meeting with ministry officials to discuss a more nuanced regulatory framework. The association warns that the current enforcement approach is detrimental to legitimate businesses and has fueled the black market for banned products.
“We request engagement with the government to establish proper regulation of novel tobacco products in line with the court’s advisory,” Makanda emphasized.
The formation of the NTPA reflects the increasing economic significance of the novel tobacco sector in Kenya. The industry’s demand for regulatory clarity and a level playing field highlights the evolving landscape of Kenya’s tobacco market. The outcome of the discussions between the government and the association will be closely monitored by investors and stakeholders, as it could reshape the future of the tobacco industry in Kenya.
