Businesses in retail, hospitality and tobacco-related sectors have raised concerns over proposed licensing requirements, flavour restrictions and other measures in the Tobacco Control (Amendment) Bill, 2026 as MPs begin public hearings.
They warn that the proposals could increase operating costs and create opportunities for illicit trade.
The concerns emerged as the National Assembly Departmental Committee on Health began public participation hearings on the Bill, in Nairobi on Thursday, before moving to other parts of the country.
It seeks to amend the Tobacco Control Act, Cap 245A, and introduce tighter regulation of tobacco and newer nicotine products.
The committee is holding hearings in seven counties between September 24 and 26, including Uasin Gishu, Bungoma, Tharaka Nithi, Meru, Laikipia and Kisumu.
Stakeholders told the committee that while they support measures aimed at protecting public health and strengthening regulation, some provisions should be reviewed to avoid placing additional burdens on legitimate businesses.
Retail Trade Association of Kenya (RETRAK) chief executive Wambui Mbarire said retailers were already operating under a heavy licensing regime and questioned the need for an additional tobacco-specific licence.
“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,” she said.
Mbarire said the proposed requirement could undermine efforts to simplify licensing and improve the ease of doing business.
“We feel that there is already enough regulation and there are already enough licences for retailers and businesses. An additional licence defeats the purpose of a unified business permit,” she said.
She warned that additional compliance requirements could increase the cost of doing business at a time when retailers were already facing higher operating expenses.
The Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman Michael Kiragu also questioned the proposed licensing framework, saying businesses could face duplication of regulatory requirements.
“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.
Another contentious provision is the proposed ban on non-tobacco flavours in nicotine products.
The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) said a blanket flavour ban could push consumers towards unregulated products and undermine legitimate businesses and government tax revenues.
“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,” said BAHLITA secretary-general Boniface Gachoka.
“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 Bill, sponsored by Senator Catherine Mumma, was first read in Parliament on March 31, 2026, before being referred to the health committee.
It proposes restrictions on the sale, marketing, packaging and manufacture of nicotine products, including electronic cigarettes and related products.
Among the proposed measures are a ban on online sales and hawking of nicotine products and a 100-metre buffer between schools and licensed nicotine-product distributors or retail outlets.
The Bill also proposes limiting nicotine product bottles to 10ml and capping nicotine concentration at 20mg per millilitre. Manufacturers would be required to adopt plain packaging with prominent health warnings.
It further seeks to prohibit non-tobacco flavours, ban single-use plastic vapes for refillable devices and restrict digital advertising, including promotions by social media influencers.
The Harm Reduction Society of Kenya secretary-general Michael Kariuki urged lawmakers to distinguish between combustible cigarettes and smoke-free nicotine products when developing regulations.
He said while cigarettes, vapes and nicotine pouches contain nicotine, they do not expose users to identical toxicants because combustible cigarettes involve the inhalation of smoke generated through combustion.
RETRAK has separately questioned proposed restrictions on plastics used in nicotine products, arguing that existing environmental laws and Extended Producer Responsibility frameworks can address plastic waste.
BAT Kenya has also warned that tighter restrictions could increase illicit cigarette sales and reduce government revenue.
The company has claimed illicit cigarettes account for about 45 per cent of Kenya's cigarette market and could cost the government Sh12 billion annually.
The claims and proposals are expected to form part of the submissions considered by the committee before it finalises its report on the Bill.
Stakeholders have urged Parliament to consider the views raised during the hearings and strike a balance between public-health objectives, regulatory enforcement, legitimate trade and protection of livelihoods.
