Stakeholders Call for Review of Proposed Tobacco Bill as Public Participation Commences

Stakeholders drawn from Kenya’s retail, harm reduction, and entertainment sectors have called for a review of select provisions contained in the proposed Tobacco Control (Amendment) Bill, 2026, cautioning that the enactment of the legislation in its current form could inadvertently fuel illicit trade, increase the cost of doing business, and negatively affect livelihoods across the value chain.

Speaking in Nairobi on the sidelines of a public participation exercise on the Bill hosted by the National Assembly’s Committee on Health, the stakeholders urged lawmakers to adopt a balanced and evidence-based approach that protects public health objectives while safeguarding legitimate businesses and employment opportunities.

The stakeholders noted that while they support efforts aimed at reducing the harmful effects of tobacco use and strengthening regulatory oversight, some of the proposed amendments may create unintended market distortions that could benefit illegal operators at the expense of compliant businesses.

According to the Retail Trade Association of Kenya (Retrak) CEO, Wambui Mbarire, overly restrictive measures and heightened compliance costs could place significant pressure on small and medium-sized enterprises already grappling with rising operational expenses. They warned that the increased regulatory burden may force some businesses to scale down operations, potentially affecting jobs and reducing revenues generated through legal trade.

“With an already existing licence burden – for instance, on average a supermarket requires 39 licences to operate – this bill puts in a new license that a retailer must get to sell tobacco. So, we feel that there’s already enough regulation and there are already enough licenses for retailers and businesses. An additional license defeats the purpose of a unified business permit. One more licence just complicates the environment of the ease of doing business and the cost of doing business and defeats the purpose of a unified business permit or a single licence regime,” she said.

These sentiments were echoed by the Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman, Michael Kiragu, who further expressed concern that punitive measures targeting legal businesses without corresponding investments in enforcement could embolden illicit trade networks.

“We have a real concern with the multiple licenses being proposed by this Bill namely, one for traders to operate their businesses and a specific one to sell tobacco products. This will overburden businesses because it will be a duplication of the licensing regime,” said Michael.

On its part, the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) is challenging the proposal to ban flavours in tobacco products saying such a move would open the market to illicit products which would eat into legitimate businesses margins, thus denying both the businesses and the government much-needed revenue. BAHLITA also argues that such a move would expose consumers to unregulated products as consumers would go for the unregulated, illicit flavoured products.

“There is no need to ban flavours in tobacco products. We already have flavours is in alcohol, cakes and food. The only thing we are saying is that we want to remove child appealing flavours. Otherwise banning flavours in tobacco products is simply going to see the incidence of illicit trade in tobacco products balloon significantly and thereby negatively impacting our businesses,” said Boniface Gachoka, BAHLITA Secretary-General.

The stakeholders urged parliament to reconsider these issues with the view of ensuring that the final law that will be signed into law delivers a careful balance between enhancing public health while not hurting businesses.

The National Assembly Committee on Health is holding public participation engagements on the Bill across Nairobi, Uasin Gishu, Bungoma, Kisumu, Meru, Tharaka-Nithi, and Laikipia counties today and into the weekend before the House resumes sittings this coming week on Tuesday after recess.

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