A new Senate bill seeking to regulate the consumption and
sale of tobacco and related products has sparked sharp opposition from key
industry players.
On Wednesday, the Bar, Hotels and Liquor Traders Association
of Kenya (Bahlita), the Retail Trade Association of Kenya (Retrak) and Business
Focus petitioned the Senate to reject the Tobacco Control (Amendment) Bill,
2025.
The Bill, sponsored by nominated Senator Catherine Mumma, is
currently before the Senate.
In a petition addressed to Senate Clerk Jeremiah Nyegenye,
the associations said the proposed law threatens businesses and livelihoods,
noting that public participation was ignored during its formulation.
“This Bill has been rushed forward without any meaningful
consultation. Consumers, retailers, manufacturers and other critical
stakeholders who stand to be significantly impacted have been left out of the
conversation,” the petition reads.
The petition was signed by Bahlita chairperson Boniface
Gachoka, Retrak CEO Wambui Mbarire and Business Focus 2025 head of secretariat
Margaret Muthoni.
The associations argued that the Bill introduces duplicative
licensing requirements, overregulation and costly approval processes that would
stifle small and medium-sized enterprises.
“Behind every shop counter is a family trying to make ends
meet. This Bill puts their future at risk,” they said.
They further warned that implementation of the proposed
restrictions would cost the economy more than Sh15 billion in lost revenue and
fuel illegal tobacco trade.
“Several provisions in the Bill will kill legal business and
hand over the sector, particularly nicotine products, to an already thriving
criminal enterprise.”
“It will expand the black market, punish law-abiding traders
and rob thousands of small family-owned shops of their livelihoods,” the
petition states.
The groups particularly objected to provisions that limit
nicotine levels, ban flavours and restrict access to smokeless tobacco
alternatives.
They said these products have helped thousands of smokers
quit, and banning them would push consumers into the black market.
“With about 2.6 million adult smokers in Kenya, this
Bill blocks safer options for a vast population, people who are trying to make
better choices for themselves and their families,” they argued.
Among its key provisions, the Bill proposes a ban on the
sale of tobacco products through hawking, vehicles or mobile vending.
Offenders would face fines of up to Sh50,000 or imprisonment
of up to six months, or both.
The Bill also proposes a ban on flavours in nicotine
products and the prohibition of online or digital advertising and sale of
tobacco products across social media platforms, video-sharing sites and other
digital content platforms.
“The Bill also aims to ensure that the advertising of
tobacco products is regulated and that the sale of tobacco products, including
electronic nicotine delivery systems, to persons under the age of 18 years is prohibited,” the Bill states.
The Bill further seeks to regulate the promotion and
advertising of tobacco products online or via any digital platform, including
social media sites and video-sharing platforms.
The Bill seeks to ensure that no products, particularly
electronic nicotine delivery systems, are manufactured, distributed, imported
or sold in Kenya without the prior authorisation of the Health CS.
According to the drafter, these measures are necessary to
address the growing circulation of unregulated products whose
public health impacts remain unclear.
INSTANT ANALYSIS
The main object of the Bill is to amend the Tobacco Control Act
(Cap. 245A) to make further provisions on the regulation of smoking and
production and sale of tobacco products, including electronic nicotine
delivery systems. The Bill also aims to ensure that the advertising of
tobacco products is regulated and that the sale of tobacco products,
including electronic nicotine delivery systems, to persons under the age of
18 years is prohibited. The Bill further seeks to regulate the
promotion and advertising of tobacco products online or via any digital
platform including social media sites and video-sharing platforms
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