Stakeholders from Kenya’s retail, hospitality, entertainment and harm-reduction sectors have called for amendments to the proposed Tobacco Control (Amendment) Bill, 2026, warning that some provisions could increase the cost of doing business, disrupt legitimate trade and create opportunities for illicit markets.
The stakeholders spoke in Nairobi during a public participation exercise convened by the National Assembly’s Committee on Health, urging lawmakers to balance public health objectives with the interests of businesses and workers across the tobacco value chain.
They said they support measures aimed at reducing the harmful effects of tobacco use and strengthening regulatory oversight but raised concerns that some proposed restrictions could create unintended consequences if enacted without corres
ponding enforcement measures.
Retail Trade Association of Kenya (RETRAK) CEO Wambui Mbarire questioned the proposed additional licensing requirement for retailers selling tobacco products, saying it could add to an already complex regulatory environment.
Mbarire noted that retailers, particularly small and medium-sized businesses, already face significant compliance costs, arguing that an additional licence could undermine the objective of a unified business permit.
The Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman Michael Kiragu similarly raised concerns over the proposed licensing framework, describing the requirement for separate licences to operate a business and sell tobacco products as a duplication of the existing system.
Meanwhile, the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) challenged the proposed ban on flavours in tobacco products, arguing that the measure could increase demand for illicit alternatives.
BAHLITA Secretary-General Boniface Gachoka called for the proposed restriction to focus on flavours that appeal to children rather than imposing a blanket ban.
The stakeholders further warned that a shift towards illicit tobacco products could expose consumers to products outside the established regulatory framework while affecting legitimate businesses and government tax revenues.
They urged Parliament to consider the potential economic and enforcement implications of the proposed amendments before the Bill is finalised.
The National Assembly’s Health Committee is conducting public participation forums in Nairobi, Uasin Gishu, Bungoma, Kisumu, Meru, Tharaka Nithi and Laikipia counties.
The engagements are taking place ahead of the resumption of House sittings next Tuesday following the parliamentary recess.
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