The Tobacco Control (Amendment) Bill (Senate Bill No. 35 of 2024)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No. 35 of 2024)

THE TOBACCO CONTROL (AMENDMENT) BILL, 2024

(A Bill published in the Kenya Gazette Supplement No. 127 of 1st July, 2024 and passed by the Senate, with amendments, on 3rd March, 2026)

THE TOBACCO CONTROL (AMENDMENT)BILL,2024

A Bill for

• ANACTofParliamenttoamendtheTobaccoControlActtoregulate electronic nicotine delivery systems, including electronic cigarettes and relatedproducts,andfor connected purposes

ENACTED by the Parliament of Kenya as follows

1. This Act may be cited as the Tobacco Control (Amendment) Act, Shortile. 2024.

2. The long title of the Tobacco Control Act, in this Act referred to as Amendmentofthe long title of Cap.245A. "the Principal Act", is amended by deleting the words Tobacco Control , g substituting therefor the words"Tobacco Control Advisory Committee".

Amendment of section 2 of Cap.245A.

3. The Principal Act is amended in section 2 by ——

• (a) deleting the definition of the word "Board";

• (b) deleting the definition of the word “cinema";

• () deleting the definition of the word “ingredients"” and substituting therefor the following new definition—

"ingredients" means the substances added to tobacco products during the manufacturing process or arising from agricultural practices, including ——

• (i) tobacco, nicotine and chemicals used in the creation of aerosol or vapourinelectronic cigarettes and related products;

• (ii) components and materials used in themanufacture ofthosecomponents;

• (ii) additives and processing aids;

• (iv) residual substances resulting from agricultural practices, storage and processing; and

• (v) substances that migrate from the packaging material intotheproductorareotherwisepresentinthe product;

• (d) deleting the definition of the word “information advertising”;

• (e) deleting the definition of the word “manager” and substituting therefor the following new definition —

"manager” means the owner, occupier, lessee, or a person

in-charge or in control of the specified institution, place or premises;

• (f) deleting the definition of the word "specially designated smoking area";
• (g) deleting the definition of the word "smoking" and substituting therefor the following new definition—

"smoking" means inhaling or exhaling the smoke or vapor of any tobacco product or any other substance delivered through electronic means, and includes the holding of, or control over, any ignited or activated tobacco product, device containing an ignited or activated tobacco product, or electronic delivery system or other substances via vaporising;

• (h) deleting the definition of the word "tobacco product" and substituting therefor the following—

"tobacco product"" means any product whether composed in whole or in part of-

• (a) tobacco, including tobacco leaves and any extract thereof;
• (b) nicotine from any source, including synthetic nicotine formulations; or
• (C) nicotine analogues;

intended for use by smoking, inhalation, chewing, sniffing, vaping or sucking or tobe consumed by any other means,and includes cigarette papers, tubes, filters, any electronic delivery systems, and the solutions or liquids intended for use in such devices;

• sequence-—

"additive"means a substance,other than tobacco,that is added to a tobacco product, unit pack or container pack during manufacturing process or through agricultural practices;

"advertisement" means the promotion of a tobacco product by means of its brand characteristics;

"characterising flavour" means a smell or taste other than one of tobacco which ——

• (a) is clearly noticeable before,during or after consumption of the product; and
• (b) results from an additive or acombination of additives, including fruit, spice, herbs, alcohol,

candy,menthol or related flavours;

"Committee" means the Tobacco Control Advisory Committeeestablished under section5ofthisAct;

"electronic cigarette" means a product that —

• (a) can be used for the consumption of nicotinecontaining vapour via a mouth piece, or any component of that product, including a cartridge, a tank andthedevice withoutcartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges); and
• (b) is not a medicinal substance or a medical device as defined in the Pharmacy and Poisons Act;

"electronic nicotine delivery system" means an electronic device, and any associated accessories, components, or parts, that is designed, manufactured, or capable of being used to —

• (a) aerosolize, vaporize, or otherwise convert a substance into an inhalable form; and
• (b) deliver such aerosol,vapour,or other substance to a person through inhalation,

whether or not the substance contains nicotine, and includes but is not limited to electronic cigarettes,electronic cigars, electronic cigarillos, electronic hookahs, vape pens, vape pods, and similar devices, regardless of their shape, size,orappearance;

"institution of basic education and training" has the meaning assigned to it under the Basic Education Act;

"nicotine pouch" means a prefilled packet containing powdered nicotine or nicotine analogues;

"tobacco smoke"means—

• (a) smoke, fumes, gases, or particulate matter produced by the burning, heating, or combustion of tobacco or any tobacco product; and
• (b) aerosol, vapour, or emissions produced by the use of an electronic delivery system,

and includes any combination thereof,whether visible or invisible,that is released into the air and capable of being inhaled by persons in the vicinity;

"unit pack" means the smallest individual packaging in which a tobacco product or related product is, or is intended to be, presented for retail sale.

Cap.244

Cap. 211

4. Section 4 of the principal Act is amended— 2. words"recommendation of the"and substituting therefor the word "Committee"in the introductory phrase; 3. (b) by deleting the word "Board" appearing immediately after the words "provide to the" and substituting therefor the word "Committee" in paragraph (d); and 4. (t) by inserting the following new paragraph immediately after paragraph (e) —

(f)prohibit the manufacture, sale, distribution, or importation of a tobacco product that does not comply with the provisions of this Act.

• 5.ThePrincipal Act is amended bydeleting section5 and substituting thereforthefollowingnewsections-

Establishment of theTobacco Control Advisory Committee

Membershipof theCommittee

5.ThereisestablishedtheTobaccoControl Advisory Committee.

• 5A.(1) The Committee shall comprise of -
• (a)a chairperson appointed by the Cabinet Secretary;
• (b) thePrincipalSecretary responsible for matters relating to public health or a designated representative;
• (C) thePrincipalSecretaryfor the National Treasury or a designated representative;
• (p) the Director-General for health ora designated representative;
• e the chairperson of the Council of County Governorshealth committee or a designated representative;
• onepersonwith specialexpertise onmatters relating to tobacco, nominated by the Council ofCountyGovernors;
• g onepersonrepresenting theKenyabusiness community,nominatedbytheKenyaNational Chamber of Commerce and Industry;
• (h) one person nominated by the Kenya Medical

Amendment of section 4 of Cap.245A.

Amendment of section 5 ofCap.245A.

Disqualification from theposition of amember of thecommitte

Qualificationofa chairperson of the Committee

Theoffice tenure JO the chairperson and membersofthe committee Association;

• (i) one person representing non-governmental organizations involved in matters relating to tobacco control; and
• the chief executive officer of Kenya National Youth Councilor a designated representative.

(2) The members of the Committee, other than ex-officio members, shall be appointed by the Cabinet Secretary,by notice in the Gazette.

5B.(1) A person shall not be appointed as a member of the Committee if that person—

• (a) is an employee, agent, or representative of a person, company, or association engaged in the manufacture, sale, or distribution of tobacco or tobaccoproducts; or
• in the tobacco industry;or
• hascontravened the Conflict-of-InterestAct.
• (2) A member who fails to disclose his or her affiliation tothe tobaccoindustry or its subsidiary commits an offence and is liable, on conviction,to a fine not exceeding one million shillings or imprisonment for a period not exceeding five years or both.
• 5C.A person is qualified for appointment as the Chairperson of the Committee, if the person has at least ten years of experience in public health, five of which shall be at a senior management level.

5D.(1) The Chairperson shall hold office for a termof three years and shall be eligible for reappointment for one further term of five years.

• (2) The members of the committee appearing in subsection (1)(f) to (i), shall hold office for a term of three years and are eligible for re-appointment for onefurthertermofthreeyears.

Powers ofthe committeeto inviteapersonto thecommittee

Powersof the committee regulate its own procedures.

Committee expenses

Remuneration of the Committee members

Secretariat

• 5E. The Committee may invite any person, who is not affiliated to the tobacco industry, to attend a meeting of the Committeefor the purpose of assisting or advising the committee on anyparticular matter, but such person shall have no right to vote at the meeting.
• 5F. (1) Subject to this Act and to any general or special directions in writing by the Cabinet Secretary, the committee shall regulate its own procedures.
• (2) Subject to subsection (1), the Committee may amend its own procedures for thebetter carrying outofitsfunctions
• 5G.The expenses of the Committee shall be defrayed out of monies appropriated by the National Assembly for that purpose.
• 5H.The Chairperson and members of the Committeeshall be paid bytheCabinetSecretary responsible for matters relating to Health,such allowancesasshallbeadvisedbytheSalaries and Remuneration Commission.
• 5I.Thesecretariatof the Committee shall be provided by the unit responsible for tobacco control at the Ministry responsible for Health.
• 6.The Principal Act is amended in section 6 by—
• (a) deleting the word "Board" appearing immediately after the words "Functions of the" and substituting therefortheword "Committee" in the section heading; and
• (b) deleting the word "Board" appearing immediately after the words "functions of the" and substituting therefor the word "Committee"" in the introductory phrase.
• 7.Section 7of the principal Act is amended—
• (a) in subsection (2) by deleting paragraph (f) and substituting therefor the following new paragraph —
• (f)a solatium compensatory contribution payable by any licensed tobaccoproduct manufacturers or importers in the

Amendment of section 6 ofCap.245A.

Amendmentof section 7ofCap.245A.

country as may be determined by the Committee; and

• (b)in subsection (4) by inserting the following new paragraph immediately after paragraph (a)—

• (aa) treatment of chronic illnesses caused by the use of tobacco products.

8. Section 8 of the principal Act is amended in subsection (3) by inserting the following new paragraph immediately after paragraph (d) -

Amendment of section 8of Cap.245A.

• (da)publish an annual report on the research activities and programmes undertaken, including the research findings and impactoftheprogrammes.

9. Section 9 of the principal Act is amended in subsection (5) by deleting the words “local authority” and substituting therefor the words “county 9ofCap.245A. government".

Amendment of section

Amendment of section 12 ofCap.245A.

10. The Principal Act is amended by deleting section 12 and substituting therefor thefollowing newsection—

Tax and Price 12.The Cabinet Secretary for the time being in charge Policies of finance shall—

• (a) implement tax measures on unprocessed tobacco andtobaccoproducts to contribute to the objectives of this Act;

• (b) conduct periodicreviewand adjustment of tax rates to ensure they reflect current public health objectives and inflation;

• (c) apply adjustment for inflation for tobacco products that have specific tax rates;

• (d) prohibit sale of or importation of tax-free tobacco and tobacco products;

• (e)allocate a portion of tobacco and tobaccoproducts tax revenues for the prevention and control of non- communicable diseases;

• implement measures to prevent illicit tradein tobacco and tobacco products; and

• (g) exclude manufacture, repackaging, processing or importationof tobacco and tobaccoproducts from duty-free zones.

• 11.Section 14 of the Principal Act be amended in subsection(2)by

Amendment of section 14 of Cap.245A.

12. The principalAct is amended byinserting the following newsections immediately after section 14—

Requirementsfor electronic nicotine deliverysystems.

Requirementsfor nicotine pouches.

Insertionofnew sections nCap.245A.

14A.(1) A person shall not manufacture or place onthe market forsale,distribution oruse an electronicnicotine deliverysystemor refillcontainerunless—

• (a)the nicotine-containing liquid is contained in a dedicated refillcontainernotexceedingavolumeoftenmillilitres, in anelectroniccigarette orin singleuse cartridge and that the cartridges or tank does not exceed a volume of two millilitres;
• (b) the nicotine-containing liquid does not contain nicotine exceeding twenty milligrams per millilitre;
• (c)the nicotine-containing liquid does not contain additives specified under section 14F;
• (d)the nicotine-containing liquid is manufactured using pure ingredients as theCabinet Secretary may prescribe;
• e substances contained in the nicotine-containing liquid, other than theingredients specified, are present in trace levelsand d are technicallyunavoidable during manufacture;
• exceptfor nicotine,onlyingredients thatdonotpose a risktohumanhealthin heatedor unheatedform are used in the nicotine-containing liquid;
• g) thesystemdelivers the nicotine doses at consistent levels undernormal conditions ofuse; and
• (h) the system and refill container is child andtamper-proof, is protected against breakage and leakage and has a mechanism that ensures refilling without leakage.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction,to a fine not exceeding one million shillings or toimprisonmentfor a term not exceeding two years, or to both.

14B. (1) A person shall not manufacture or place on the market nicotine pouches unless ———

• (a) the pouches are child and tamper-proof and can be used without spilling their contents;
• (b) the pouches deliver nicotine doses at consistent levels; and
• (c) the nicotine content of each pouch does not exceed

twenty milligrams.

(2)A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or toimprisonmentfor a term not exceeding two years, or both.

Approval of tobacco products.

14C.(1) A person shall not manufacture or import tobacco products unless such person has applied for, and obtained the approval of the Cabinet Secretary in accordance with this section.

(2) Subsection (1) shall apply to the manufacture or import of a tobaccoproduct—

• (a) whose approval under subsection (l) had been previously obtained; and
• (b) is subsequently substantially modified.

(3) A request for approval under this sectionshall be made at least six monthsbefore thedateon which themanufacturer intends to first supply a product or modified product.

(4)Where the manufacturer first supplied a product before the commencementof thisActand intendstocontinue tosupplythat producton or after commencement of theAct, themanufacturer shall make the request for approval within three months of commencementofthisAct.

Informationtobe 14D.(1) An application for approval under section 14C (1) containedinthe information--

(a) the name and contact details of-

• (i) the person who manufactures the product,
• (ii) the importer of the product, if applicable; and
• (iii) if neither is based in Kenya, a responsible person in Kenya;
• (b) the ingredients contained in, and emissions resulting from the use of,the product by brand and variant name,includingquantities;
• () toxicological data regarding the product's ingredients, including in heated form, and emissions, referring in particulartotheireffectsonthehealthofconsumers when inhaled and taking into account,amongst other things, any addictive effect; information on the nicotine dose and uptake when consumed under normal conditions;
• (d) adescriptionofthecomponentsofthe product including, where applicable, the opening and refill mechanismoftheelectronic ccigarette or refill

Dealing unapproved products.

container;

• (e) a description of the production process and a declaration that the production process ensures conformity with therequirements of thisAct;
• (f)a declaration that the manufacturer bears full responsibilityfor thequality andsafetyof theproduct when supplied and used under normal conditions; and
• Cabinet Secretary.

(2)WheretheCabinetSecretaryconsidersthattheinformation submitted under this section is incomplete,the Cabinet Secretary may request the manufacturer to provide such further information as maybe necessaryfor the determination of the application.

(3) Section 14C (1) shall not apply in respect ofa product if anotherentityhasalreadyobtainedapprovalfromtheCabinet Secretaryinrespect ofthat product.

Submission and testing of samples

• 14E.(1) A manufacturer shall submit samples of the product for which approval is being sought together with the request for approval.

(2)The CabinetSecretary shall cause the samples submitted to betestedbytheKenyaBureauofStandards—

• (a)for conformity with the requirements under the Act; and
• (b) to confirm the accuracy of the information submitted in the request for approval.

Decision on request for approval.

14F. (1) The Cabinet Secretary shall communicate, in writing, the decision made within ninety days of a request for approval of a product being made.

(2) Where the Cabinet Secretary declines to approve a product for which approval has been sought, the manufacturer shall ——

• (a)immediatelytakethe corrective action necessaryto bring theproduct intoconformitywith the Actif the product is an existing product;
• (b)withdraw the product from the market; and
• (c) recall the product.

in 14G. (1) A person shall not manufacture, sell,distribute, store, importor in anywaydealwithatobaccoproduct thatisnot approved by the Cabinet Secretary.

(2)A person who contravenes the provisions of this section commits an offence and shall, onconviction, be liable to a fine not exceedingone millionKenyanshillings or five percentof the Banningofproducts List of products.

person's gross turnover, whichever is higher,or to imprisonment for a term not exceeding two years, or to both.

14H. The Cabinet Secretary may ban any product which does not conform to the requirements of this Act from being manufacturedorsold.

141. The Cabinet Secretary shall publish a list of — 2. (a)products that have been approved or banned from sale; 3. (b)the name of the authorised manufacturer orimporter of the product; 4. (c) the date the product was approved or banned; and 5. (d) the duration and validity date of the approval.

Use of additives 14J. (1) A person shall not manufacture, sell, distribute, or andcharacterising: flavours import a tobacco product that contains—

• (a) vitamins or other additives that create the impression that atobaccoproduct hasa healthbenefit or presents reduced health risks;
• (b) caffeine or other additives and stimulant compounds that are associated with energy andvitality;
• (c)additives which have colouring effects on emissions;
• (d) in the case of tobacco products for smoking,additives thatfacilitateinhalation or nicotine uptake.
• (e) additives which increase the toxicity or addictiveness of the product; or
• (f) additives which result in a characterising flavour.

(2)A person who contravenes theprovisions ofthis section commits an offence and shall,on conviction,be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or to both.

13.Section 15 of the principal Act is amended by deleting subsection (5) and substituting therefor thefollowing new subsections—

(5) No person shall manufacture or sell —-

• (a) objects including sweets, snacks,toys, cartoon characters, popular youth motifs, or other similar objectsthatwouldreasonablyappealtopersons under the age of eighteen years in designs that resemble tobaccoproducts;or
• (b) any tobaccoproduct in designs that imitate sweets, snacks, toys, cartoon characters, popular youth

Amendmentofsection 15 ofCap.245A.

motifs,or other similar objects that would reasonablyappealtopersonsundertheageof eighteen years.

(5A)A person shall not sell a tobacco product within a radius of one hundred meters from any place primarily serving persons under the age of eighteen years.

• 14.Section 16 of the Principal Act is amended in—
• (a) subsection (2) by—
• (i) deleting the expression "12" by 8" appearing in paragraph (a) and substituting therefor the expression "20" by 12"";
• (ii) deleting thewords"black on awhitebackground or white on a black background" appearing in paragraph (b) and substitutingtherefor the words"red onawhite background";
• (b) subsection (3) by deleting the words "fifty thousand shillings, or to imprisonment for a term not exceeding six months" and substituting therefor the words"five hundred thousand shillings, or to imprisonment for a term not exceeding one year.?"

15. The principal Act is amended by inserting the following new section immediately after section 17—

Amendment of section 16 of Cap.245A.

Insertionof new section in Cap. 245A.

Hawkingandmobile 17A.(l)A person shall not sell tobacco products through vending. hawking, from vehicles or through mobile vending.

(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.

• 16.The principal Act is amended by inserting the following newsection immediately after section19—

Online sales of tobaccoproducts

19A.(1)A person shall not sell or offer for sale tobacco productsincluding nicotine pouches andelectronicnicotine delivery systems through an online platform or any form of ecommerce.

(2)A person who contravenes the provisions of subsection (1) commits an offence and shall,upon conviction,beliable to afine not exceeding five hundred thousand shillings, or to imprisonment for aterm not exceeding three years, or to both.

• 17.The principalActis amendedbyinsertingthe followingnew sectionimmediatelyaftersection20

Insertion ofnewsection in Cap.245A.

Licensing of 20A.(1) A person intending to manufacture, distribute, store, premises counties.

Insertionofnew sectioninCap245A

licence from the respective county executive committee member.

• (2) A person shall not deal in tobacco products anywhereother than at a fixed location that is designated in the licence.

2. (3)Each licenceshall beprominentlydisplayed in a publicly visiblelocation at the licensed tobaccoproduct retaillocation.

• (4) A person licensed under this section shall only deal in products that conform to the requirements of this Act.

4. (5)Apersonwhocontravenes theprovisions of this section commits an offence and shall, on conviction,be liableto a fine not term not exceeding twelve months, or to both. 18. Section 21 of the Principal Act is amended by- 6. (a) deleting subsection (2) and substituting therefor the following new subsections- 7. (a) bear a health warning in English and Kiswahili covering seventy-five percent of the principal display areas on the front and back of the package; 8. (b) have the warning printed in black text on a whitebackgroundina manner that contrasts with any other material on the package; and 9. (c)bear a statement of theharmful constituents of the tobacco product in a conspicuous and prominent format on the right-hand side of the package. 10. (2A) A person shall not- 11. (a) dispense with or modify the requirements specified in subsection (2); or 12. (b) manufacture, sell, distribute, or import a tobacco product unless it complies with plain packaging requirements prescribed by the Cabinet Secretary. 13. (2B)The Cabinet Secretary shall not dispense with or modify any requirement under subsection (2) in favour of any tobacco product or a person dealing with tobacco products.

• b) deleting the words "specified in the schedule" appearing immediately after the words"warning labels" and substituting therefor the words"prescribed by the Cabinet Secretary under section 53 through regulations"in subsection (3);

Amendmentofsection 21 of Cap.245A.

• () deleting the words "five hundred thousand shillings"" appearing immediately after the words"fine not exceeding"and substituting therefor the words "one million shillings" in subsection (6).

19. The Principal Act is amended by inserting the following new sections immediatelyaftersection21—

Registration of dealers

Prohibition ofsingle use plastics

• 21A. (1) A person shall not undertake an activity relating to the manufacture, importation, sale, or distribution of a tobacco product unless the person is registered by the Ministry responsibleforhealth.
• (2) The Cabinet Secretary may prescribe the conditions and the manner for the registration under this section.
• (3) Any registration fee levied under this section shall be payable into the Fund.
• (4)A person who contravenes this section commits an offenceand isliable on conviction,to afinenotexceedingthree million shillings, or to imprisonment for a term not exceeding threeyears,ortoboth.
• 21B. (1) A person shall not manufacture, sell, distribute, or import a tobacco product, its packaging, or a disposable electronic deliverysystem that uses single-useplastics.
• (2)A person who contravenes subsection (1) commits an offenceand isliable onconviction,to afine not exceeding ten million shillings or to imprisonment for a term not exceeding five years, or to both.
• 20.Section 25 oftheprincipal Act is amended—
• platform, including social media sites,video-sharing platforms, or other digital content platforms"immediately after the words "ofelectronic print"; and
• , e s () through influencers,brand ambassadors, or similar entities" immediately after the words "lifestyle advertising".
• 21.Section 26of the principalAct is amended in subsection(1)by inserting thefollowing new paragraph immediately after paragraph (c)—
• (ca) offer or provide free samples of electronic nicotine delivery systems, nicotine pouches or related components, as a promotional strategy.
• 22.Section 33 of the Principal Act is amended by—
• (a) deleting subsection (2) and substituting therefor the following

Insertionofnew section in Cap.245A.

Amendmentofsection 25 of Cap.245A.

Amendment of section 26ofCap.245A.

Amendmentofsection 33of Cap.245A.

new subsection (2)—

• (2) Without prejudice to the generality of subsection (1)—

2. (a) smoking is permanently prohibited in the following areas 3. (i) institutions of basic education and training; 4. (i) places of worship; 5. (iii) hospitals, clinics and other health institutions; 6. (iv) children's homes, child care facilities, children playgrounds; 7. v residentialhouses andsuch other premises where children are cared for; 8. (vi) public service vehicles, passenger vehicles, school buses and vans, commercial passenger aircrafts, commuter boats,ferries; and 9. (vi) police cells; and 10. (b) smoking is prohibited in the following areas except in designated smoking areas —- 11. (i) offices and workplaces, including corridors, lounges, eating areas, reception areas, lifts, escalators,foyers, stairwells, toilets, laundries, amenity areas of such places; 12. (ii) court buildings; 13. (iii) factories; 14. (iv) cinema halls,theatres,video houses,such other halls or places of performance, disco halls or anyotherentertainmentfacilities at anytime during which it is open to the public; 15. V restaurants, hotels, bars or other eating place; 16. (vi) prisons; 17. (vi) police stations; 18. (viii) ) aircrafts, passenger ships, or any other public conveyance; 19. ix educationfacilitiesother thaninstitutionsof basic education and training; 20. X railway stations, airports, air fields, ports, and other public transport terminals; 21. (xi)markets, shopping malls sandretailand wholesaleestablishments;

• (xii) stadia, sports and recreational facilities; and
• (xi) public buildings;
• (b)deleting the word"Board"appearing immediately after the words "conditions as the" and substituting therefor the word "Committee"in subsection (4).

23.The principal Act is amended by inserting the following new sectionimmediatelyaftersection34—

34A.(1)In addition tothe general health warnings applicable to all tobacco products under this Act,a person who offersforsale a nicotinepouch or an electronicnicotinedelivery systemincluding e-cigarettes andrelated products shall display the following warnings in their premise

• (a) a clear warning that the sale and use of the products by persons under the age of eighteen is prohibited;
• (b) a clear warning about the specific health risks associated with the use of the products, including potentialrisks associatedwith additives or other unique e-liquid constituents;
• (c)a statement indicating that the products contain nicotine andhighlighting the dangers of nicotine addiction and potential "for overdose, especiallywith highconcentratione-liquids; and
• (d) a specific warning that the use of the products is not a safealternative to traditional tobacco products and still poses health risks.
• 24.The Principal Act is amended in section 35 by deleting subsection (2) and substituting therefor thefollowing new subsection—
• (2) A designated smoking area shall be
• (a)a fully enclosed,separate room,isolated from non-smoking areas, with walls, a ceiling, and a self-closing door sealed to prevent air leakage;
• (i) exhausts air directly to the outside without recirculation;
• (ii) maintains negative air pressure relative to adjacent areas;
• (iii) aerosol drift to non-smoking areas;
• (iv) inaccessibletonon-smokersforanypurposeduring smoking or use of an electronic delivery system;

Insertionof new section in Cap. 245A.

Amendment of section 35 of Cap.245A.

• (v) cleaned and maintained only when no smoking or use of an electronic delivery system is occurring, with measures to protectworkersfromresidual contaminants;
• (vi) clearly marked with signs in English and Kiswahili indicating it is a designated smoking area and warning of health risks, as prescribed by the Cabinet Secretary.

25. Section 36 of the principal Act is amended —

• (a) in subsection (1) by deleting the term "Director of Medical , e sss substituting therefor the term"Director-General for health"; and
• (b) in subsection (2) by deleting the term "Director of Medical substituting therefor the term"Director-General for health".

26. Section 53 of the principal Act is amended—

• (a) by deleting the introductory phrase in subsection (1) and substituting therefor the following——

Amendmentofsection 53ofCap 245A.

(1) The Cabinet Secretary may, on recommendation of the Committee, and in consultation with the County Governments, makeregulations-

• (b) by inserting the following new subsection immediately after subsection (1)—

(1A) Without prejudice to the generality of subsection (1), regulations made under this section may-—

• (a) prescribe permissible levels of constituents in eliquids usedin electroniccigarettesandother electronic nicotine delivery systems;
• (b) prescribe standards for the batteries and electrical components used in electronic nicotine delivery systems;
• (c)prescribe the maximum toxicity and emissionlevels ofelectronicnicotinedeliverysystems and other tobacco products;
• (d)provide for testing of tobaccoproducts toverify conformity with the requirements under this Act;
• (e) prescribe the procedure for approval, withdrawal andrecallofelectronicnicotinedeliverysystems and other tobacco products; and
• (f)prescribethepermittedadditivesthatmaybe

Amendmentofsection 36 of Cap.245A.

incorporated in electronic nicotine delivery systems and other tobacco products; and

• (g) prescribe health messages to be displayed on every package containing a tobacco product.
• (c) in subsection (2) by inserting the words "the Council of County Governors and'"immediately after the words"in consultation with"in the introductory clause.

27. The Principal Act is amended by deleting the schedule.

Repealof theschedule ofCap.245A.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on 3rd March,2026.

Endorsed for presentation to the National Assembly in accordance with the provisions of standingorder156oftheSenateStandingOrders.

SpeakeroftheSenate

PRINTEDBYTHECLERKOFTHESENATE