Kenya wants to ban what it can’t describe

Last week, Kenya’s National Assembly took the first step on a bill that would ban nicotine pouches.

The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill was read for the first time and sent to committee. Presenting it, the Leader of the Majority Party, Kimani Ichung’wah, said it would ban the manufacture, sale, use, advertising, promotion and distribution of nicotine pouches and shisha.

He was in a teaching mood that afternoon. Before getting to the bill, he paused to explain to the country what it means when a bill is read for the first time, because, he said, “many Kenyans out there do not understand what the Clerk-at-the Table does.” A thoughtful gesture. Hold on to it.

Then the Speaker spoke up. What about vapes? He had read the bill, he said, and couldn’t find them anywhere.

No problem. The answer is on page 34 of the official record. “Vapes are nicotine pouches,” Ichung’wah said. “Therefore, they will be covered.”

Two products for the price of one.

For anyone in the House who might find it useful, here’s a quick guide. A nicotine pouch is a small white pouch you place under your lip. Nothing to light, nothing to inhale, no battery, no device. A vape is a different product altogether, an electronic device you inhale from. Put them side by side on a table and most people could tell them apart.

By the same logic, a tea bag is a kettle.

It would be funny if the stakes weren’t so high. According to Ichung’wah, the bill would ban pouches outright, including their use by adults. He called it “very progressive.” And the man who had just explained parliamentary procedure to everyone there couldn’t explain the product he was asking Parliament to ban.

So what else has the bill mixed up? Which products does it actually cover? And did anyone think to ask the adults who use them?

Here’s the thing. Good rules start with knowing what you’re regulating. Kenya can protect children without banning a product for adults, and ideally without confusing it with another one. An age limit enforced at the counter does that.

The good news is that this is only the first reading. The bill now goes to committee and public participation, and Ichung’wah himself has invited all stakeholders to share their views. Just not views that might “negatively influence” his very progressive bill. He was clear about that too.

Adults in Kenya who use nicotine pouches are stakeholders too. They could start by explaining what a nicotine pouch is.