Kenya Tobacco Control Bill 2026: Stakeholder Concerns Detailed

• Stakeholders from Kenya's retail, harm reduction, and entertainment sectors are calling for a review of the proposed Tobacco Control (Amendment) Bill, 2024.
• Concerns include increased business costs, threats to livelihoods, and a potential surge in illicit trade due to certain provisions.
• Proposed new licensing requirements for tobacco sales are criticized by RETRAK and PERAK as duplicative and an added regulatory burden, especially for SMEs.
• BAHLITA opposes a ban on tobacco flavors, arguing it could boost illicit trade, harm legitimate businesses, and expose consumers to unregulated products.
• Public participation sessions are being conducted by the National Assembly Committee on Health across several counties before Parliament resumes sittings.

Their collective appeal to lawmakers emphasizes the necessity of an evidence-based approach to tobacco regulation.

Key players in Kenya's retail, harm reduction, and entertainment industries are urging a comprehensive re-evaluation of the Tobacco Control (Amendment) Bill, 2024. These stakeholders, who voiced their concerns during a public participation exercise in Nairobi, warn that several provisions within the proposed legislation could significantly escalate operational costs for businesses, jeopardize livelihoods, and inadvertently foster the growth of illicit trade.

Their collective appeal to lawmakers emphasizes the necessity of an evidence-based approach to tobacco regulation. While acknowledging and supporting initiatives aimed at mitigating the adverse effects of tobacco use and enhancing regulatory oversight, the groups caution that certain amendments, if enacted, risk distorting the market. Such distortions, they argue, could inadvertently benefit illegal operators at the expense of legitimate, compliant businesses, thereby undermining the very public health objectives the bill seeks to achieve. The ongoing public participation process, led by the National Assembly Committee on Health, serves as a critical forum for these Kenya Tobacco Control Bill 2024 stakeholder concerns to be heard.

A significant point of contention revolves around the proposed tobacco licensing requirements Kenya. Wambui Mbarire, CEO of the Retail Trade Association of Kenya (RETRAK), highlighted that additional licensing obligations would impose a substantial regulatory burden on businesses, particularly small and medium-sized enterprises (SMEs) already grappling with escalating operational expenses. Mbarire pointed out that an average supermarket in Kenya already navigates approximately 39 different licenses to operate, and the new bill introduces yet another specific license for retailers to sell tobacco products.

Both RETRAK and Michael Kiragu, National Chairman of the Pubs, Entertainment and Restaurants Association of Kenya (PERAK), argue that this proposed license would merely duplicate existing regulatory frameworks. They contend that such an addition complicates the business environment, increases costs, and directly contradicts the government's stated aim of establishing a unified business permit or a single license regime. This perceived increase in the Kenya regulatory burden retail sector is a central concern for the affected industries.

Another contentious provision in the bill is the proposed ban on flavors in tobacco products, which has drawn strong opposition from the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA). Boniface Gachoka, BAHLITA's Secretary-General, articulated concerns that such a measure could inadvertently stimulate demand for illicit alternatives, thereby impacting legitimate businesses and reducing government revenue. He further warned that consumers could be exposed to unregulated products if the ban proceeds.

Gachoka questioned the necessity of a blanket ban, noting the presence of flavors in other consumer goods like alcohol, cakes, and food. He suggested that the focus should instead be on removing 'child-appealing flavors' rather than a complete prohibition. BAHLITA firmly believes that banning flavors in tobacco products would significantly escalate the incidence of illicit trade, negatively affecting their members' businesses and creating unforeseen challenges for enforcement, highlighting the potential Kenya tobacco flavour ban impact.

Stakeholders are collectively urging Parliament to thoroughly consider the potential economic and regulatory implications of the proposed amendments as it reviews the Kenya Tobacco Control Amendment Bill. Their plea is for the final legislation to strike a crucial balance between advancing public health objectives and safeguarding the interests of legitimate businesses and their employees across the entire value chain. This delicate equilibrium is seen as vital to avoid unintended negative consequences for the economy and the retail sector.

The National Assembly Committee on Health is actively engaging in public participation sessions across various counties, including Nairobi, Uasin Gishu, Bungoma, Kisumu, Meru, Tharaka Nithi, and Laikipia. These engagements are taking place in anticipation of the resumption of House sittings next Tuesday, following the parliamentary recess, underscoring the ongoing legislative process and the opportunity for diverse voices, including those from RETRAK, PERAK, and BAHLITA, to influence the final outcome.

Lawyers and compliance officers should advise clients in the retail, hospitality, and tobacco sectors to closely monitor the ongoing public participation and legislative process for Kenya's Tobacco Control (Amendment) Bill, 2026. They should prepare to assess potential new licensing obligations, increased operational costs, and product restrictions (like flavour bans) that could significantly impact business operations, compliance strategies, and expose businesses to new regulatory burdens or illicit trade risks.

Source: Original reporting via Capital News