The Kenyan government has proposed a fine of up to Ksh5 million and a jail term of up to 10 years for individuals who allow, promote, or facilitate shisha smoking or the use of nicotine pouches. This is part of the Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung'wah. The Bill aims to tighten controls on alcohol and tobacco products, including a ban on shisha-related activities.
The proposed Bill defines shisha as a flavoured or unflavoured tobacco product that may contain molasses, honey, vegetable glycerol, or other natural or artificial flavours. It would amend the Tobacco Control Act to make it an offense to "allow, promote, facilitate or encourage" shisha smoking or the use of nicotine pouches. The Bill also proposes increased penalties for smoking in prohibited places, including a fine of Ksh100,000 or up to 12 months in prison, or both.
The Alcoholic Beverages Association of Kenya (ABAK) has opposed the Bill, warning that it could cost thousands of people their jobs and push consumers towards unsafe illicit alcohol. ABAK argued that measures should be proportionate, evidence-based, and developed through consultation with county governments, legitimate businesses, public health stakeholders, and others affected. The association said the proposed Bill would disproportionately increase compliance burdens for legitimate alcohol manufacturers.
The Bill also proposes a digital tracking system for all alcoholic drinks manufactured in or imported into Kenya. Manufacturers, importers, exporters, distributors, retailers, and suppliers would be required to comply with the system's regulations. Ichung'wah said the system would help authorities trace the origin and manufacturing details of drinks linked to deaths. This move aims to regulate the alcohol industry and prevent illicit alcohol from being sold.
According to the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada), shisha smoke contains harmful substances, including carbon monoxide and tar. These substances are linked to cancers of the mouth and lungs, heart disease, and respiratory illnesses. If the bill becomes law, Kenya would be the fourth country in East Africa to prohibit shisha, after Uganda, Tanzania, and Rwanda.
The proposed changes would also increase penalties for retailers who sell cigarettes in packs containing fewer than 10 units, raising the maximum fine from Ksh50,000 to Ksh100,000 and the jail term from six months to one year. The existing Tobacco Control Act bars the sale of individual cigarettes and packs containing one or two cigarettes. The Bill would extend the minimum pack-size requirement to other prescribed tobacco products.
Following its first reading, the Bill will undergo public participation under Article 118 of the Constitution before MPs debate it and consider any further amendments. The Bill's sponsor, Ichung'wah, believes that the proposed regulations will help prevent harm to consumers and promote a safer environment. The public participation process will allow citizens to provide input on the proposed legislation.
Key points
- The proposed Bill aims to tighten controls on alcohol and tobacco products, including a ban on shisha-related activities.
- The Bill proposes increased penalties for smoking in prohibited places and for retailers who sell cigarettes in packs containing fewer than 10 units.
- The proposed digital tracking system for alcoholic drinks aims to help authorities trace the origin and manufacturing details of drinks linked to deaths.
