The Retail Trade Association of Kenya (RETRAK) has raised concerns over sections of the proposed Tobacco Control (Amendment) Bill, warning that some of the proposed changes could disrupt legitimate trade, create regulatory uncertainty, and fuel the illicit tobacco market.
In a submission to the National Assembly Committee on Health, RETRAK urged lawmakers to reconsider provisions seeking to introduce a tobacco-specific plastics ban and restrictions on flavours in nicotine products.
The association argued that Kenya already has sufficient environmental laws under the National Environment Management Authority (NEMA) and the Environmental Management and Coordination Act (EMCA) to regulate plastic waste through Extended Producer Responsibility (EPR) frameworks, licensing requirements, and take-back schemes.
According to RETRAK, introducing a separate plastics ban targeting tobacco products could create unnecessary legal and operational challenges for manufacturers and retailers while exposing the legislation to constitutional questions around fairness and proportionality.
“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,” RETRAK CEO Wambui Mbarire said in the submission.
The association has also opposed proposals under Section 12 of the Bill that seek to ban flavours in tobacco and nicotine products. While supporting efforts aimed at protecting minors from tobacco use, RETRAK argued that Kenya’s bigger challenge remains the growing trade in illicit and untaxed tobacco products.
According to the association, illicit products continue to evade taxes, bypass quality standards, and are often sold without regard to laws restricting sales to underage consumers. RETRAK warned that a blanket flavour ban could unintentionally push consumers toward unregulated products, unsafe home-mixing practices, or back to combustible cigarette smoking.
The association maintained that regulated alternatives such as nicotine pouches and electronic cigarettes can provide adult smokers with harm-reduction options and should remain accessible within a clear and tightly regulated framework.
As an alternative, RETRAK proposed targeted restrictions on flavours specifically designed to attract minors, while allowing regulated access to adult-oriented products. The association also called for tougher penalties against retailers selling tobacco and nicotine products to minors, alongside stronger enforcement measures and clearer compliance guidelines.
RETRAK further urged Parliament and enforcement agencies to focus more on combating illicit trade, enhancing public awareness, and engaging stakeholders instead of introducing what it described as restrictive measures that could negatively affect legal businesses and consumers.
The association has also appealed to the National Assembly Committee on Health to allow wider public participation before finalising the Bill, noting that it had submitted more than 6,000 individual submissions from its members for consideration.
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