A protester holding a placard outside the Parliament Buildings on the sidelines of the public participation engagement on the Tobacco Control (Amendment) Bill on September 24, 2026/HANDOUT
Stakeholders in Kenya’s retail, harm reduction and entertainment sectors have called for a review of provisions in the proposed Tobacco Control (Amendment) Bill, 2026.
They warned that passing the Bill in its current form could fuel illicit trade, increase the cost of doing business and affect livelihoods across the value chain.
The stakeholders spoke in Nairobi on Thursday on the sidelines of a public participation exercise on the Bill hosted by the National Assembly Committee on Health.
They called on lawmakers to take a balanced and evidence-based approach that protects public health objectives while safeguarding legitimate businesses and employment.
The stakeholders said they support efforts to reduce the harmful effects of tobacco use and strengthen regulatory oversight.
However, they raised concerns that some of the proposed amendments could create market distortions that benefit illegal operators at the expense of compliant businesses.
Retail Trade Association of Kenya (Retrak) CEO Wambui Mbarire said overly restrictive measures and increased compliance costs could put additional pressure on small and medium-sized enterprises already facing rising operational expenses.
Mbarire said the proposed requirement for retailers to obtain a separate licence to sell tobacco would add to an already heavy licensing burden.
“With an already existing licence burden – for instance, on average a supermarket requires 39 licences to operate - this bill puts in a new license that a retailer must get to sell tobacco,” she said.
She said the additional licence would complicate the business environment and increase costs.
“So, we feel that there's already enough regulation and there are already enough licenses for retailers and businesses. An additional license defeats the purpose of a unified business permit,” Mbarire said.
She added that the proposal “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.
Dr Michael Kariuki, Secretary General of the Harm Reduction Society of Kenya, making submissions at the Mini Chambers of the Parliament Buildings during the public participation engagement on the Tobacco Control/HANDOUT
Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman Michael Kiragu also raised concerns over the proposed licensing requirements.
“We have a real concern with the multiple licenses 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,” Kiragu said.
The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) challenged a proposal to ban flavours in tobacco products.
BAHLITA Secretary-General Boniface Gachoka said the ban could increase illicit trade and hurt legitimate businesses.
“There is no need to ban flavours in tobacco products. We already have flavours is in alcohol, cakes and food,” Gachoka said.
He said the proposal should instead focus on flavours that appeal to children.
“The only thing we are saying is that we want to remove child appealing flavours,” he said.
Gachoka warned that a broader ban could have consequences for legal businesses and government revenue.
“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 said.
The stakeholders urged Parliament to reconsider the provisions as it seeks to balance public health objectives with the interests of legitimate businesses.
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 being held on Thursday and through the weekend, ahead of the House resuming sittings on Tuesday after recess.
Wambui Mbarire, CEO of the Retail Trade Association of Kenya (Retrak), speaking outside the Parliament Buildings after the public participation engagement on the Tobacco Control (Amendment) Bill/HANDOUT
