Health advocates in Kenya have demanded that the government takes action against cigarette manufacturer BAT-Kenya, following revelations the company has been using questionable payments to prevent the implementation of life-saving tobacco control policies in Kenya.
The revelations come from an analysis conducted by the University of Bath (UK) on whistleblower documents and court records.
The analysis is published by STOP, a global tobacco industry watchdog. It was also reported on Monday on the BBC Panorama programme, titled: “Dirty Secrets of the Cigarette Business”.
The analysis shows the payments included More than $28,500 to sources within the Kenya Revenue Authority and more than $38,500 to a former Justice Minister, allegedly in exchange for intelligence and for assistance with BAT’s efforts to prevent SICPA from winning a security tender over Codentify. SICPA is a trusted Swiss company that provides track and trace systems to prevent illicit cigarette trade.
Roughly $56,000 to a private contractor, allegedly to covertly establish a trade union and orchestrate labour unrest at a competitor, Mastermind Tobacco Kenya. The effort was dubbed “Operation Snake.”
The analysis also shows how one BAT-Kenya employee used the alias “Amanda” from her unofficial email account when requesting payments to government ministers and civil servants, but signed off as in her own name instead of “Amanda”.
Head of the Kenya Tobacco Control Alliance Mr Joel Gitali said the allegations are grave especially when Kenya is headed to an election.
“Recently we have seen the tobacco industry in Kenya using some MPs to frustrate life-saving laws. For instance, they reduced excise tax on products containing nicotine from Sh5,000 per kg to Sh1,200 per kg.”
“As we head into elections we will be extremely watchful because we know they will try to fund some politicians to protect their business from policies that save human lives. This business involves recruiting children and young people and addicting them to cigarettes and nicotine products, and profiting from their addiction until these products kill them. The cycle continues.”
Gitali expressed anger that despite the evidence, individuals flouting health policies are never prosecuted.
“For instance, in October 2020 the Health CS confirmed nicotine pouches were illegally registered as medicine by the Pharmacy and Poisons Board, contrary to the provisions of Section 25 of the Pharmacy and Poisons Act CAP 224. Until now, nobody has ever been punished. The government must now on the current investigation seriously to save our children and young people.”
He said the tobacco industry is in a race to recruit Kenya’s children. The Kenya Population and Housing Census 2019 put the number of children 0-14 years at 18,541,982 or 39 per cent of the population. All adolescents (10-19 years) were 11 million (24.5 per cent).
Africa is the only region in the world where cigarette sales are still growing because the industry is aggressively recruiting children and adolescents, according to the World Health Organisation.
Experts from outside Kenya are also demanding action. Commenting on the findings, Bintou Camara Bityeki, Director of Africa Programmes, Campaign for Tobacco-Free Kids, said governments must be ever-vigilant against the tobacco industry’s efforts to defeat life-saving measures to reduce tobacco use and nicotine addiction.
“Rather than giving in to the industry, governments can save lives by implementing proven measures that protect the health of their citizens from the dangers of tobacco industry products as called for by the WHO FCTC, including those aimed at preventing tobacco industry interference in public health policy. These allegations further prove that companies like BAT cannot be trusted and will only continue to engage in corrupt activities to maintain profits.” She added.
“Tobacco use kills eight million people worldwide each year and is projected to kill one billion people worldwide this century unless countries take effective action. The vast majority of these deaths will occur in low- and middle-income countries like those featured in the investigation.”
Every year more than 9,000 Kenyans are killed by tobacco smoking-related causes, says Health CS Mutahi Kagwe.
Akinbode Oluwafemi, President of the African Tobacco Control Alliance, said, “BAT’s behaviour is a reminder of the tobacco industry’s deep colonialist roots, showing contempt for African laws, business and trade and the health and well-being of Africans. Then and now, the tobacco industry seeks to exploit Africans for its own profit with no consideration for the harm it causes.”
Andrew Rowell, Senior Researcher, Tobacco Control Research Group at the University of Bath, said, “Our analysis shows that BAT’s potentially corrupt practices in Africa were not just the work of a few bad apples.”
“The geographic spread of the activity, the infrastructure used and the number of senior staff involved suggest that BAT’s payments were routine, with the evidence trail frequently leading back to BAT’s London headquarters. This is not the kind of company any government should leave unregulated or fail to investigate.” He added.