Business traders from Mombasa County have today urged Senators not to pass proposals contained in the Tobacco Control (Amendment) Bill which seeks to ban flavours in nicotine products, arguing that such a move would open the door to a floor of illicit products in the market which would negatively affect their businesses.
According to the traders, the proposal, though well‑intentioned, risks worsening the already critical crisis of illicit trade in Kenya.
Recent acknowledgment by the Kenya Revenue Authority (KRA) shows that more than 50% of excisable products in Kenya are illicit, exposing consumers to unsafe goods and denying government billions in revenue that should support national development.
“Illicit trade is not just an economic inconvenience—it is a direct threat to our livelihoods as business owners,” said Faith Mwende, a business owner based in Mombasa. “When over half of excisable goods on the shelves are illicit, those of us who follow the law cannot compete.”
The traders warn that banning flavours in nicotine pouches will create a sudden market vacuum that criminal networks will exploit, driving consumers toward cheaper illicit alternatives and eroding government revenue.
“If flavours are banned, illegal operators will flood the market overnight. We have seen this pattern over and over with other banned or heavily taxed products,” said Patrick Kabundu, chairman of the Bar Owners Association of Kenya. “This Bill unintentionally rewards illicit traders at the expense of law‑abiding businesspeople.”
The traders emphasized that Section 15 of the Tobacco Control Act (2007) already prohibits the sale of nicotine and tobacco products to minors, saying that rather than creating new bans, enforcement of existing laws is the most effective way to protect minors.
“We support protecting minors—but not through laws that punish adults and legitimate businesses. Enforce the laws we already have instead of creating new ones that fuel black‑market activity,” said Faith Mwende
With the Senate set to resume sittings, the traders are urging Senators to carefully consider the far‑reaching economic and social implications of the flavour ban. They call on the Senate to reject the proposal in order to protect businesses, consumers, and national revenue.
“We urge Senators to resist the temptation to legislate morality and instead focus on practical measures that protect businesses, consumers, and revenue streams. Rejecting this proposal is in the best interest of the country.”
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