Stakeholders fear current form of Tobacco Bill to fuel illicit trade

A coalition of industry representatives from Kenya's retail, harm reduction, and entertainment sectors have voiced concerns over certain provisions within the proposed Tobacco Control (Amendment) Bill, 2026. They argue that the bill, if enacted as currently drafted, could inadvertently stimulate illicit trade, inflate business expenses, and negatively impact livelihoods across the sector.

Speaking during a public participation session hosted by the National Assembly's Committee on Health in Nairobi, these stakeholders urged lawmakers to adopt a balanced, evidence-driven approach that respects public health goals while protecting legitimate businesses and employment opportunities. While they underscored their support for efforts aimed at curbing tobacco's harmful effects and strengthening regulatory oversight, some proposed amendments were seen as potentially creating market distortions that would favor illegal operators over compliant businesses.

Wambui Mbarire, CEO of the Retail Trade Association of Kenya (Retrak), lamented that the bill's additional licensing requirement for tobacco sales would impose a heavy compliance burden on small and medium-sized enterprises already struggling with escalating operational costs. She emphasized that an already complex licensing regime, with an average of 39 licenses needed to run a supermarket, would be further complicated by this new licensing condition.

Michael Kiragu, National Chairman of Pubs, Entertainment and Restaurants Association of Kenya (PERAK), echoed these worries, cautioning that the bill's proposed dual licensing system (one for businesses and another specifically for tobacco sales) would unnecessarily complicate the "ease of doing business" and increase costs. He argued that this duplication of licensing regimes would defeat the purpose of a unified business permit system.

The bars, hotels, and liquor traders association (BAHLITA) also challenged the ban on flavored tobacco products, arguing that such a move would likely fuel illicit trade and erode margins for compliant businesses and the government. Boniface Gachoka, Secretary-General of BAHLITA, pointed out that flavors are already found in alcohol, cakes, and food, and that the only flavors they oppose are those that appeal to children.

They argued that banning flavors in tobacco would only serve to increase illicit trade and harm their businesses and government revenue. The stakeholders called on parliament to reevaluate these issues, aiming to strike a delicate balance between bolstering public health while avoiding undue harm to businesses. The National Assembly Committee on Health is currently conducting public participation engagements on the bill across several counties in Kenya, including Nairobi, Uasin Gishu, Bungoma, Kisumu, Meru, Tharaka Nithi, and Laikipia, ahead of the House's return to sessions in the upcoming week.