Kenya Tobacco Control Amendment Bill 2025: Stakeholders Question Proposals

• Stakeholders in Uasin Gishu County urged Parliament to review the Tobacco Control (Amendment) Bill, 2026, citing concerns over its impact on businesses and livelihoods.
• The Bill proposes a new licensing requirement for all businesses dealing in tobacco products, which stakeholders fear will increase costs and bureaucracy, potentially leading to double taxation.
• Another contentious proposal is a 100-meter sales ban on tobacco products near places primarily serving minors, which stakeholders believe will be difficult to enforce in urban areas.
• BAT Kenya's Senior Regulatory Affairs Manager, Billy Tsuma, expressed support for progressive regulation but called for evidence-based, consultative, and practically enforceable amendments.
• The National Assembly Health Committee is currently conducting public participation on these proposed changes to the Tobacco Control Act.

The discussions highlighted a collective call for a thorough review of the Bill's provisions before its potential enactment.

The National Assembly Health Committee recently convened in Eldoret, Uasin Gishu County, for the second day of public participation regarding the Tobacco Control (Amendment) Bill, 2026. During these proceedings on September 25, various stakeholders voiced significant apprehension over the proposed legislative changes, urging Parliament to carefully consider their potential ramifications for businesses and individual livelihoods across Kenya.

Participants emphasized the critical need for a balanced approach, advocating for public health objectives to be pursued in a manner that also respects the interests of commercial entities operating within the tobacco value chain, particularly small-scale traders. The discussions highlighted a collective call for a thorough review of the Bill's provisions before its potential enactment.

Among the most contentious elements of the Tobacco Control (Amendment) Bill, 2026, are two specific proposals that stakeholders believe could impose substantial burdens on the industry. One such provision mandates that any business involved in the manufacturing, distribution, storage, sale, or other dealings with tobacco products must secure a new license from the relevant county executive committee member. Critics argued that this Kenya tobacco business licensing proposal would inevitably escalate operational costs and introduce additional bureaucratic hurdles, pointing out that businesses already incur fees for existing single business permits, effectively amounting to a form of double taxation.

Another significant concern revolves around the Kenya 100-meter tobacco sales ban, which seeks to prohibit the sale of tobacco products within a 100-meter radius of any establishment primarily catering to individuals under the age of 18. Stakeholders expressed doubts about the practical enforceability of this restriction, particularly within Kenya's densely populated and rapidly urbanizing areas, where such a spatial limitation could prove challenging to implement effectively.

The tobacco industry, represented by figures such as Billy Tsuma, the Senior Regulatory Affairs Manager for BAT Kenya, affirmed its support for progressive regulation. However, Tsuma underscored the importance of ensuring that any amendments to the Tobacco Control Act Kenya proposed changes are grounded in evidence, developed through consultative processes, and are practically enforceable. This stance reflects a desire for regulatory frameworks that are both effective in achieving public health goals and realistic in their application.

The National Assembly Health Committee tobacco discussions ultimately underscored a broader appeal from stakeholders for parliamentary review that prioritizes a regulatory environment that is fair, transparent, and conducive to sustainable business operations, while still advancing public health. The ongoing deliberations surrounding the Tobacco Control (Amendment) Bill, 2026, will determine the future landscape for tobacco businesses in Kenya.

Lawyers advising clients in Kenya's tobacco value chain should closely monitor the progress of the Tobacco Control (Amendment) Bill, 2025, particularly the proposed new licensing requirements and 100-meter sales restrictions, to prepare for potential compliance burdens and operational changes if the Bill passes.

Source: Original reporting via Capital News