Kenya Tobacco Industry Interference Index 2020

The 2020 Kenya Tobacco Industry Interference Index has been prepared by our members, the Consumer Information Network (CIN). This is the second report for Kenya, the first report being that for 2019. It should be noted that whereas considerable effort has been made to include all publicly available information on tobacco industry interactions with the public officers and authorities, there is still information not available to us and we would appreciate sharing such information and documents. We take this early opportunity to thank all those who have contributed to the development of the survey and the development of this report.

This report gives an insight into the Kenya Government implementation of the FCTC Article 5.3 Implementation Guidelines. From the report, and reading it together with the 2019 report, you will notice that there are a number of areas in which the Kenya Government has done considerably well. However, you will also notice that despite the ruling by the Supreme Court of Kenya in November 2019 against the petition by British American Tobacco (BAT) Kenya that then paved way for full implementation of the Tobacco Control Regulations 2014 which, among other things, provides for the domestication and implementation of WHO Framework Convention on Tobacco Control Article 5.3 Guidelines, a number of public officers and authorities still violate the regulations in their interaction with the tobacco industry.

It is also sad to note that a number of provisions of the Tobacco Control Act 2007 including those on Tobacco Advertisement Promotion and Sponsorship (TAPS) have been violated by the tobacco industry and public officers and authorities, especially during the current COVID-19 pandemic. Specifically, the donation of BAT(K) of Kshs.10.6m (US$100,000) to the COVID-19 Emergency Response Fund, a fund that was established by the President of Kenya H.E. Uhuru Kenyatta and the listing of tobacco under the essential products list during in the COVID-19 containment measures have eroded the Government efforts and determination and exposed another tobacco industry tactic especially during such times.
Overall, Kenya scores quite well in existence of laws enacted to address tobacco industry interference but dismally in the implementation of the provisions of the laws as far as implementation of WHO FCTC Article 5.3 in concerned.

Download the full report here