Businesses in Kenya's retail, hospitality, and tobacco-related sectors have expressed concerns over proposed licensing requirements, flavour restrictions, and other measures in the Tobacco Control (Amendment) Bill, 2026. The bill, sponsored by Senator Catherine Mumma, aims to amend the Tobacco Control Act, Cap 245A, and introduce tighter regulation of tobacco and newer nicotine products. Stakeholders argue that the proposals could increase operating costs and create opportunities for illicit trade.
The National Assembly Departmental Committee on Health began public participation hearings on the Bill in Nairobi, with RETRAK chief executive Wambui Mbarire questioning the need for an additional tobacco-specific licence. Mbarire stated that retailers already operate under a heavy licensing regime, with an average of 39 licences required to operate a supermarket. She warned that additional compliance requirements could increase the cost of doing business at a time when retailers are already facing higher operating expenses.
The Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman Michael Kiragu also expressed concerns over the proposed licensing framework, citing duplication of regulatory requirements. Kiragu stated that businesses could face additional burdens, with a specific licence required to sell tobacco products on top of existing licences. The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) also opposed a blanket flavour ban, arguing that it could push consumers towards unregulated products.
The proposed bill seeks to restrict the sale, marketing, packaging, and manufacture of nicotine products, including electronic cigarettes and related products. Proposed measures include a ban on online sales and hawking of nicotine products, a 100-metre buffer between schools and licensed nicotine-product distributors or retail outlets, and limiting nicotine product bottles to 10ml. Manufacturers would be required to adopt plain packaging with prominent health warnings.
Stakeholders have urged lawmakers to distinguish between combustible cigarettes and smoke-free nicotine products when developing regulations. The Harm Reduction Society of Kenya secretary-general Michael Kariuki argued that while cigarettes, vapes, and nicotine pouches contain nicotine, they do not expose users to identical toxicants. RETRAK has also questioned proposed restrictions on plastics used in nicotine products, arguing that existing environmental laws can address plastic waste.
BAT Kenya has warned that tighter restrictions could increase illicit cigarette sales and reduce government revenue. The company claims that illicit cigarettes account for about 45 per cent of Kenya's cigarette market and could cost the government Sh12 billion annually. Stakeholders have urged Parliament to consider the views raised during the hearings and strike a balance between public-health objectives, regulatory enforcement, legitimate trade, and protection of livelihoods.
The committee is holding hearings in seven counties between September 24 and 26, including Uasin Gishu, Bungoma, Tharaka Nithi, Meru, Laikipia, and Kisumu. The Bill was first read in Parliament on March 31, 2026, before being referred to the health committee. Key stakeholders, including retailers, hospitality businesses, and tobacco companies, will continue to engage with lawmakers to shape the final version of the bill.
Key points
- The proposed bill aims to introduce tighter regulation of tobacco and newer nicotine products in Kenya.
- Businesses warn that the proposals could increase operating costs and create opportunities for illicit trade.
- Stakeholders have urged lawmakers to strike a balance between public-health objectives, regulatory enforcement, legitimate trade, and protection of livelihoods.
