The Retail Trade Association of Kenya (RETRAK) has raised concerns over proposed amendments to Kenya’s tobacco control laws, warning that some provisions could disrupt legitimate trade, increase regulatory uncertainty, and fuel the illicit tobacco market.

In a submission to the National Assembly Committee on Health, RETRAK urged lawmakers to reconsider sections of the proposed Bill that seek to introduce a tobacco-specific plastics ban and prohibit flavours in nicotine products.

The association argued that Kenya already has sufficient environmental laws under the National Environment Management Authority and the Environmental Management and Coordination Act (EMCA) to regulate plastic waste through Extended Producer Responsibility (EPR) frameworks, plastic-packaging licensing, and take-back schemes.

According to RETRAK, NEMA has publicly maintained that enforcement should be driven through EPR registration and compliance measures targeting all sectors equally, rather than singling out tobacco products.

The lobby group warned that introducing a tobacco-specific plastics ban could create uncertainty for manufacturers and retailers while exposing the legislation to constitutional challenges over proportionality and rationality.

“We therefore propose that Section 19 of the Bill, introducing the proposed new Section 21B, be deleted in its entirety as there are robust and sufficient laws and regulations in place,” CEO Wambui Mbarire says in the submission.

The association has also opposed provisions under Section 12 of the Bill that seek to ban flavours in tobacco and nicotine products.

While supporting measures aimed at protecting minors from tobacco use, RETRAK argued that Kenya’s larger challenge is the growing trade in illicit and untaxed tobacco products, which it said now account for more than half of products sold on the market.

The association said such products are sold without quality controls, evade taxes, and are often distributed by traders who disregard laws restricting sales to minors.

RETRAK has urged Parliament and law enforcement agencies to prioritise enforcement and administrative interventions against illicit trade instead of introducing what it described as “onerous legislative measures” that could hurt legitimate businesses and adult consumers.

The organisation further warned that a blanket ban on flavours could have unintended public health consequences by pushing consumers toward unregulated products, unsafe home-mixing practices, or back to combustible cigarette smoking.

It maintained that adult-oriented flavours and safer alternatives play a role in helping smokers transition to smokeless nicotine alternatives and should remain accessible within a tightly regulated framework.

As an alternative, RETRAK proposed that lawmakers specifically prohibit flavours that are uniquely attractive to minors while allowing regulated access to adult-appropriate flavours.

The association has also called for stricter penalties against retailers who sell tobacco and nicotine products to underage persons, coupled with stronger enforcement measures and clearer compliance guidelines.

In its concluding remarks, RETRAK reiterated its support for tobacco regulation and public health protections but stressed the need for policies that distinguish between combustible cigarettes and non-combustible nicotine products such as electronic cigarettes and nicotine pouches.

"The inconsistent availability of nicotine pouches and electronic cigarettes arising from unclear and restrictive regulatory frameworks has led to frustration among adult consumers. Retailers report instances where consumers revert to smoking cigarettes due to the lack of access to these alternatives," said Mbarire.

"We therefore call upon the National Assembly to consider amendments that enable responsible adult access to these products from legitimate business/suppliers, in the interest of the consumer and their safety."

The association has also called for more focus on education, awareness campaigns, and stakeholder engagement rather than prohibitionist measures that could negatively affect legal trade.

It has also appealed to the National Assembly Committee on Health to conduct wider public participation before finalising the Bill, noting that it had submitted more than 6,000 individual submissions from its members for consideration.

The organisation said it remains committed to continued dialogue in support of Kenya’s tobacco control objectives.