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Post Reply: Kenya Falls Short of WHO Tobacco Tax Target, Faces Growing Public Health Crisis

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 8, 2025, 9:00 am</div><div id="pl-6847"  class="panel-layout" ><div id="pg-6847-0"  class="panel-grid panel-no-style" ><div id="pgc-6847-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6847-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The World Health Organization has identified Kenya as one of several countries failing to meet its recommended tobacco tax threshold, raising concerns about the nation's ability to curb tobacco use and its associated health risks. The WHO recommends that tobacco taxes should account for 70 to 75 percent of the retail price of tobacco products to effectively reduce consumption and mitigate the burden of non-communicable diseases. In Kenya, however, the current tax rate on tobacco products stands at approximately 32 percent, significantly below the global benchmark. This gap has sparked urgent calls from health advocates and policymakers to strengthen taxation policies to protect public health, particularly among the youth.</p>
<p dir="ltr">Kenya faces a growing public health challenge as tobacco use, particularly among young people, continues to rise. While traditional cigarette smoking has seen a decline among adults, the use of alternative nicotine products such as e-cigarettes, nicotine pouches, and smokeless tobacco is surging among teenagers and young adults. A 2022 survey by the National Authority for the Campaign Against Alcohol and Drug Abuse revealed that over 25 percent of university students are current users of nicotine products, with vapes and nicotine pouches gaining popularity due to their affordability, discreet design, and flavored options. Additionally, over 650,000 children aged 10 to 17 are reported to have used tobacco or nicotine products, a trend fueled by aggressive marketing tactics from the tobacco industry, including vibrant packaging and targeted social media campaigns.</p>
<p dir="ltr">The accessibility of these products exacerbates the issue. In many low-income neighborhoods and urban centers, single cigarettes and smokeless tobacco products like snuff and nicotine pouches are sold cheaply, often near schools, despite regulations prohibiting such sales. Weak enforcement of existing laws, such as the Tobacco Control Act of 2007, allows vendors to bypass age verification, making it easy for minors to access these harmful substances. The rise in smokeless tobacco use, including products like kuber and ndovu, poses additional health risks, with cancer-causing chemicals linked to cancers of the mouth, esophagus, and pancreas.</p>
<p dir="ltr">Tobacco use is a leading cause of non-communicable diseases in Kenya, contributing to approximately 12,000 deaths annually from conditions such as cancer, cardiovascular diseases, and respiratory illnesses. The healthcare system, already strained, incurs billions of shillings each year to treat tobacco-related illnesses. The younger the user, the earlier these chronic conditions manifest, placing a significant burden on public health infrastructure. The economic toll extends beyond healthcare costs, as reduced productivity and premature deaths further strain the economy.</p>
<p dir="ltr">Despite the clear health risks, Kenya's current tobacco tax structure fails to deter consumption effectively. The average retail price for a pack of 20 cigarettes is around 340 Kenyan shillings, with taxes constituting only a third of the cost. This low tax rate keeps tobacco products affordable, particularly for young people, undermining efforts to reduce usage. The WHO emphasizes that increasing taxes to 70 percent or more of the retail price is a proven strategy to decrease consumption, as higher prices discourage initiation and encourage quitting, especially among price-sensitive populations like youth and low-income individuals.</p>
<p dir="ltr">Kenya's efforts to control tobacco use face several obstacles. The Tobacco Control Act of 2007 provides a legal framework for regulating the sale, distribution, and promotion of tobacco products, but enforcement remains inconsistent. The decentralization of tobacco control to Kenya's 47 county governments has led to fragmented implementation, with some regions lacking the resources to monitor and regulate tobacco sales effectively. The tobacco industry exploits these gaps, targeting vulnerable populations with affordable products and lobbying against stricter tax policies. For instance, the industry successfully advocated for a two-tier tax system in 2017, which applies different tax rates to cheap and premium cigarettes. This system encourages smokers to switch to lower-cost options rather than quit, undermining public health goals.</p>
<p dir="ltr">Additionally, the rise of unregulated and unbranded tobacco products, such as illicit smokeless tobacco sold on the streets, complicates enforcement efforts. The Kenya Tobacco and Nicotine Tax Coalition, a group of civil society organizations, has highlighted the industry's interference in policy-making as a major barrier to reform. Misinformation campaigns and fears of increased illicit trade are often used to stall tax increases, despite evidence that effective taxation can reduce consumption while generating significant public revenue.</p>
<p dir="ltr">Anti-tobacco advocates, including the Kenya Tobacco Control Alliance and the National Cancer Control Strategy, are urging the government to align its tax policies with WHO recommendations. Increasing tobacco taxes to the 70 to 75 percent threshold could significantly reduce consumption, save lives, and generate revenue to fund healthcare and prevention programs. The National Treasury's recent proposal to raise taxes on e-cigarettes and liquid nicotine to 70 shillings per milliliter signals a step in the right direction, but broader reforms are needed to address all tobacco products comprehensively.</p>
<p dir="ltr">Public health officials are also calling for stronger enforcement of existing regulations, including cracking down on illegal sales and ensuring compliance with age restrictions. The Ministry of Health has launched initiatives to curb the sale of unregulated tobacco products and has emphasized the role of parents and communities in protecting youth from nicotine addiction. Graphic health warnings on tobacco packaging, introduced in 2016 and updated in 2025, aim to deter use by highlighting the dangers of smoking and second-hand smoke, but advocates stress that taxation remains the most effective tool.</p>
<p dir="ltr">Kenya's inclusion on the WHO's list of countries below the tobacco tax target underscores the need for urgent action. By adopting a uniform specific tax structure, as recommended by the WHO, Kenya could reduce price variability, make tobacco products less affordable, and curb consumption, particularly among young people. Strengthening enforcement, improving public awareness, and countering industry interference are critical to achieving these goals. As the country grapples with the rising tide of nicotine use among its youth, bold policy measures and collaborative efforts across government, civil society, and communities will be essential to safeguard public health and build a smoke-free future.</p>
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