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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