Stakeholders call for review of proposed Tobacco Bill as public participation commences

NAIROBI, Kenya Sep 24 – Stakeholders in Kenya’s retail, harm reduction and entertainment sectors are calling for a review of provisions in the proposed Tobacco Control (Amendment) Bill, 2026, warning that some measures could increase the cost of doing business, affect livelihoods and fuel illicit trade.

The stakeholders spoke in Nairobi on the sidelines of a public participation exercise on the Bill conducted by the National Assembly Committee on Health.

They urged lawmakers to adopt an evidence-based approach that advances public health objectives while considering the impact of the proposed regulations on legitimate businesses and employment.

The stakeholders said they support efforts to reduce the harmful effects of tobacco use and strengthen regulatory oversight but cautioned that some of the proposed amendments could create market distortions that may benefit illegal operators at the expense of compliant businesses.

Retail Trade Association of Kenya (RETRAK) CEO Wambui Mbarire said additional licensing requirements could increase the regulatory burden on businesses, particularly small and medium-sized enterprises already facing rising operational costs.

“With an already existing licence burden – for instance, on average a supermarket requires 39 licences to operate – this bill puts in a new licence that a retailer must get to sell tobacco,” Mbarire said.

She argued that the proposed licence would duplicate existing licensing arrangements and undermine the objective of a unified business permit.

“One more licence just complicates the environment of the ease of doing business and the cost of doing business and defeats the purpose of a unified business permit or a single licence regime,” she said.

Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman Michael Kiragu also raised concerns over the proposed licensing requirements, saying they would create additional obligations for businesses.

“We have a real concern with the multiple licences being proposed by this Bill, namely one for traders to operate their businesses and a specific one to sell tobacco products. This will overburden businesses because it will be a duplication of the licensing regime,” said Kiragu.

The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) is opposing a proposal to ban flavours in tobacco products, arguing that the measure could increase demand for illicit alternatives.

BAHLITA Secretary-General Boniface Gachoka said a ban on flavours could affect legitimate businesses and government revenue while exposing consumers to unregulated products.

“There is no need to ban flavours in tobacco products. We already have flavours in alcohol, cakes and food. The only thing we are saying is that we want to remove child-appealing flavours,” Gachoka said.

“Otherwise, banning flavours in tobacco products is simply going to see the incidence of illicit trade in tobacco products balloon significantly and thereby negatively impacting our businesses,” he added.

The stakeholders called on Parliament to consider the potential economic and regulatory implications of the proposed amendments as it reviews the Bill.

They said the final legislation should balance public health objectives with the interests of legitimate businesses and workers across the value chain.

The National Assembly Committee on Health is conducting public participation engagements on the Bill in Nairobi, Uasin Gishu, Bungoma, Kisumu, Meru, Tharaka Nithi and Laikipia counties.

The engagements are taking place ahead of the resumption of House sittings next Tuesday following the parliamentary recess.