New Tobacco Law to regulate Electronic Cigarettes to Undergo Public Scrutiny

The Tobacco Control(Amendment) Bill that seeks to regulate use of electronic cigarettes will undergo public scrutiny and debate following a decision by Parliament, through the Departmental Committee on Health, resolution to hold public hearings on the Bill.

These events will be held in 7 Counties, from Thursday 24^th September 2026 to Saturday 26^th September 2026.

An electronic cigarette consists of an atomizer, a power source such as a battery, and a container for e-liquid such as a cartridge or tank. E-cigarettes come in many shapes and sizes, including disposable devices, refillable devices, and devices with pre-filled cartridges or pods.

E-cigarettes have evolved over time, and the different designs are classified in generations. First-generation e-cigarettes tend to look like traditional cigarettes and are called “cigalikes”.

Second-generation devices are larger and look less like traditional cigarettes. Third-generation devices include mechanical mods and variable voltage devices. The fourth-generation includes sub-ohm tanks (meaning they have electrical resistance of less than 1 ohm) and temperature control. There are also pod mod devices that use protonated nicotine, rather than free-base nicotine found in earlier generations, providing higher nicotine yields.

The Tobacco Control(Amendment) Bill (Senate Bill No. 35 of 2024), sponsored by Senator Catherine Muuma MP, seeks to amend the Tobacco Control Act, Cap 245A, to regulate electronic nicotine delivery systems, including electronic cigarettes and related products.

The Bill was read a first time in the National Assembly on March 31^st 2026 and referred to the Department Committee on Health for consideration and reporting to the House.

Article 118(1)(b) of the Constitution of Kenya requires Parliament to facilitate public participation and involvement in the legislative and other businesses of Parliament and its Committees.

The National Assembly Standing Order 127(3) requires House Committees considering Bills to facilitate public participation.

The Tobacco law seeks to safeguard public health, particularly protecting children and the youth. This is by expanding regulation to cover ENDS, nicotine pouches and synthetic nicotine.

The Bill also aims to have strict distribution of electronic cigarettes, including a ban on online sales, hawking and 100 metres from a school. Distribution of electronic cigarettes will be restricted to fixed licensed premises.

The Tobacco Amendment Bill also wants to ensure the electronic cigarettes have no youth appeal designs or any non-tobacco flavours. This is in addition to capping nicotine levels as well imposing limits volume and concentration levels.

Public hearings on the Bill will be held as follows:

• Nairobi-Mini Chamber, County Hall, Parliament Buildings-Thursday 24^th September 2026. Time: 9.00 AM -1.00PM.
• Uasin Gishu- Uasin Gishu County Hall, Friday 25^th September 2026 from 9.00 AM to 12.00 Noon
• Bungoma, at Red Cross Hall, Kanduyi: Friday 25^th September from 2.30 PM to 4.30 PM
• Tharaka Nithi-Kaanwa Market, Mariani, Chief’s Office: Friday 25t September 2026 from 9.00 AM to 12.00 Noon.
• Meru-Kamunde Hall, Meru Town: Friday 25^th September from 2.30 PM to 4.30PM
• Laikipia-NG-CDF Hall, Nanyuki-26^th September 2026 from 9.00 AM to Noon.
• Kisumu-Kisumu Social Hall-26^th September 2026 from 9.00 AM to 1.00 PM.

Copies of the Bill are available on the parliamentary website