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Senate flags gaps in tobacco health warning rules

Tuesday 22nd July, 2025 05:02 PM| By William Muthama

The Senate Committee on Delegated Legislation has raised concerns over the Graphic Health Warnings for Tobacco Products Regulations, 2025, questioning the depth of public participation and clarity on implementation.

During a sitting held at Bunge Tower on Tuesday, July 22, 2025, the committee, chaired by Tharaka Nithi Senator Mwenda Gataya, resolved to summon the Cabinet Secretary for Health to respond to what it termed as gaps in the newly gazetted rules.

“We can note several gaps in the regulations. We therefore resolve to invite the Cabinet Secretary for Health and other relevant stakeholders to give their positions on the regulations,” Senator Gataya said.

Part of the statement shared by Parliament of Kenya on Tuesday, July 22, 2025. PHOTO/ screengrab by K24 Digital/@https://www.facebook.com/share/p/19EfoPLycD/

The regulations, published on 12th June 2025, mandate that all tobacco packaging, both smoked and smokeless, feature 16 graphic health warnings. These images, paired with messages in English and Swahili, are aimed at discouraging tobacco use and raising public awareness of the health risks associated with nicotine.

Lawmakers, however, expressed reservations about how public participation was conducted during the drafting of the regulations. They questioned whether the process was accessible to the most affected groups.

“We are not convinced that the outreach extended to wananchi in a meaningful way. It is unclear what methods were used to involve them in such an important discussion,” stated Senator Mohamed Faki of Mombasa.

Senators Daniel Maanzo, Betty Montet, and Committee Chair Mwenda Gataya during a session of the Senate Delegated Legislation Committee at Bunge Tower on Tuesday, July 22, 2025.PHOTO/https://www.facebook.com/share/p/16W2XVbP9T/

Despite the presence of a regulatory impact statement, the committee said there was no evidence that the public was adequately notified or given a chance to comment, as required by Section 8 of the Statutory Instruments Act.

“The documentation provided falls short of proving that due process was followed in notifying the public,” observed Senator Daniel Maanzo of Makueni.

The committee also resolved to summon the Cabinet Secretary for Investments, Trade and Industry to clarify the County Licensing (Uniform Procedures) Regulations, 2025.

Senators Betty Montet and Mohamed Faki were among those who attended the session and supported the move for more consultations before any further action is taken on the proposed laws.