Bars, Hotels and Liquor Traders Association of Kenya Secretary General Boniface Gachoka (in a blue suit) with other industry stakeholders when they addressed the press/COURTESYKenya’s plan to tighten controls on tobacco and emerging nicotine products has run into resistance from sections of the business community and young people, who have asked MPs to review some of the proposed restrictions before the law is passed.
The concerns were raised during public participation on the Tobacco Control (Amendment) Bill, 2024 before the National Assembly Health Committee.
The proposed law seeks to bring electronic nicotine delivery systems, nicotine pouches and heated tobacco products under a more comprehensive regulatory framework.
It would give the Cabinet Secretary for Health powers to authorise the manufacture, importation, distribution and sale of specified tobacco and nicotine products.
The Bill also proposes tighter restrictions on advertising, promotion and marketing, including activities conducted through social media and other digital platforms.
It further seeks to make it an offence to sell tobacco products, including electronic nicotine delivery systems, to anyone below 18 years.
The legislation is sponsored by nominated Senator Catherine Muma, who says changes are necessary because newer products have entered the Kenyan market without sufficient regulatory oversight.
Muma said the amendments were prompted by the introduction and distribution of products whose public health impact had not been adequately assessed.
“This is necessitated by the current situation where products have been introduced into the market and distributed without authorisation or understanding of the public health impact of such products,” she said.
However, the proposed penalties and licensing requirements emerged as major points of contention during the hearings.
Boniface Gachoka of the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) questioned the proposed penalties, warning that heavy fines and other sanctions could place smaller businesses under financial strain.
He said overly punitive measures could have the unintended effect of driving legitimate traders out of business while creating opportunities for illicit operators.
Pubs, Entertainment and Restaurants Association of Kenya (PERAK) national chairman Michael Muthami backed efforts to strengthen regulation but called for a distinction between different categories of tobacco and nicotine products.
Muthami argued that combustible tobacco products and non-combustible alternatives should not automatically be subjected to identical regulatory treatment.
He called for the legislation to take into account what he described as harm-reduction principles under the World Health Organisation Framework Convention on Tobacco Control.
Bunge la Mwananchi also raised concerns about the proposed licensing regime, arguing that additional requirements could increase the cost of doing business.
“The Bill’s new licensing requirements would raise the cost of compliance for traders without a corresponding public health benefit. I propose that the licensing framework be reconsidered,” said Hagai Thenye, a representative of the organisation.
The proposed restrictions on online sales also drew criticism from young people appearing before the committee.
The Bill seeks to prohibit the online sale or offer for sale of tobacco products, including nicotine pouches and electronic nicotine delivery systems.
Anyone found violating the provision could face a fine of up to Sh500,000, imprisonment for up to three years, or both.
The youths told MPs that the provision could affect people who earn income as online sales agents, brokers and intermediaries.
They urged the committee to consider the economic impact of the proposed ban while maintaining measures to protect minors and regulate the sector.
The submissions have placed Parliament at the centre of a wider debate over how Kenya should deal with newer nicotine products.
While the proposed amendments seek stronger oversight of an evolving market, stakeholders remain divided over how far regulation should go and whether some measures could hurt legitimate businesses and emerging online livelihoods.
The Health Committee will consider the views submitted during the public participation process as it continues scrutinising the Bill before making recommendations on the proposed amendments.
