Lobby demands tobacco control fund oversight after appeal is dismissed

An anti- tobacco lobby is demanding oversight over the proceeds of the Tobacco Control Fund (TCF), which is set to come in force after the Court of Appeal dismissed an appeal against implementation of the new tobacco laws.

The Kenya Tobacco Control Alliance (KETCA) says there is a danger of some State officials charged with implementing the law being compromised, hence the need to have oversight to ensure that the levy stipulated by the Tobacco Control Regulations (2014) is used for the intended purpose.

Last Friday, a three-judge bench ruling asserted the requirement that tobacco manufacturers and importers must contribute two per cent of their net annual revenues to the TCF.

The fund—under a state agency— is intended to be used to finance public campaigns on the dangers of smoking.
“The national and county governments must involve anti-tobacco lobbies to ensure the funds are properly utilised in creating awareness among Kenyans on the need to quit smoking,” said KETCA national coordinator Thomas Lindi.

“The regulations as a whole should be fully implemented; and State officials tasked with overseeing implementation closely monitored to ensure they are not compromised, causing disarray to this campaign against smoking that is directly blamed for 6,000 deaths annually.”

Consumer Information Network’s Steve Bala said some of the proceeds should also be used to ease the public disease burden directly blamed on smoking.

British American Tobacco had filed an appeal against an earlier High Court judgement that had allowed the Anti-tobacco regulations to be implemented as planned.

BAT had expressed its opposition to the TCF provision claiming it seeks to criminalise a legal industry by presuming liability and pre-setting a ‘compensatory’ payment.

Warning signs

The new laws, originally gazetted in December 2014, were due to come into force in June 2015. Legal challenges by sector players, however, resulted in the implementation date being pushed forward twice, until last week’s ruling.

Mr Lindi said that the anti-tobacco lobbies will also push to ensure that the requirement on bolder warning pictorial signage on cigarette packets is fully implemented to enable Kenyans easily understand the warning signs.

“Tobacco companies must not be part of the state agencies implementing the regulations since they have in the past used all manner of efforts to defeat planned implementation,” said Mr Lindi.