More Stakeholders Join Debate Over Controversial Tobacco Amendment Bill

More stakeholders have joined the growing debate over the controversial Tobacco Control (Amendment) Bill, 2024, as Parliament prepares to hold a key public participation meeting on the proposed law.

The latest groups to raise concerns are the Publicans and Entertainment Restaurant Association of Kenya (PERAK) and players in the hotel industry from the Central Region.

Documents seen by Hivi Leo show that PERAK and hotel industry stakeholders will hold a consultative meeting at Suncity Gardens Hotel in Sagana on Monday, June 22, 2026, where discussions will focus on the proposed new tobacco law.

The meeting comes just days before the National Assembly’s Departmental Committee on Health is scheduled to engage stakeholders on the bill on June 25, 2026.

The parliamentary meeting will bring together business leaders, tobacco industry players, consumer groups, manufacturers, and public health stakeholders to present their views on the proposed legislation.

The Tobacco Control (Amendment) Bill, 2024, seeks to tighten regulations on tobacco products, electronic cigarettes (vapes), nicotine pouches and other nicotine delivery products.

According to the invitation letters dated June 12, stakeholders have been asked to submit written memoranda to Parliament by June 24 before appearing before the committee.

Among those invited are the Kenya Private Sector Alliance (KEPSA), Kenya National Chamber of Commerce and Industry (KNCCI), British American Tobacco Kenya, the Consumers Federation of Kenya (COFEK), the Kenya Association of Manufacturers (KAM), the Institute of Economic Affairs (IEA), the National Cancer Institute of Kenya, and the Kenya Tobacco Farmers Association (KETOTA).

The committee said the exercise is part of the constitutional requirement for public participation under Article 118 of the Constitution.

Health Committee Defends Tougher Tobacco Controls

The Departmental Committee on Health has already signalled support for stronger tobacco control measures.

Speaking during a meeting with Public Health Principal Secretary Mary Muthoni, Committee Chairperson James Nyikal said lawmakers would consult widely on the bill before making a decision.

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Muthoni told MPs that Kenya has made progress in tobacco control through smoke-free public spaces, graphic health warnings, public awareness campaigns, and tobacco cessation programmes.

However, she warned that new challenges have emerged, including the increasing use of electronic nicotine products, illicit tobacco trade, and online marketing of tobacco products targeting young people.

The proposed bill, sponsored by Senator Catherine Mumma, seeks to address some of these gaps by introducing stricter rules on the production, sale, advertisement, and use of nicotine products.

Industry Players Raise Economic Concerns

Even as health officials push for tighter regulations, several industry groups have expressed concerns over some provisions in the bill.

British American Tobacco Kenya (BAT Kenya) has urged Parliament to reconsider parts of the proposed law, arguing that it could lead to annual revenue losses of about KSh12 billion and threaten more than 100,000 livelihoods supported by the tobacco value chain.

The company also warned that some of the proposals could encourage the growth of illicit cigarette trade, which it says already accounts for nearly 45 per cent of the market.

The Harm Reduction Society of Kenya has similarly cautioned that the bill could have unintended consequences by driving consumers towards illegal products.

The organisation told Parliament that illicit tobacco products already account for nearly half of consumption in Kenya and called for a Regulatory Impact Statement before the legislation is passed.

Retailers and Businesses Voice Concerns

The Retail Trade Association of Kenya (RETRAK) has also opposed several sections of the bill.

Also Read: New Tobacco Bill Introduces Jail Terms and Multi-Million-Shilling Fines

The association wants Parliament to reconsider the proposed ban on single-use plastics in tobacco products and packaging, arguing that Kenya already has environmental laws administered by NEMA to regulate plastic waste.

RETRAK has also opposed plans to ban flavoured nicotine and tobacco products, saying some adult consumers use them as alternatives to conventional cigarettes.

The association further argued that lawmakers should focus more on tackling illicit trade and enforcing laws against the sale of tobacco products to minors.

What the Bill Proposes

The Tobacco Control (Amendment) Bill, 2024, proposes a wide range of changes to Kenya’s tobacco laws.

Among its key provisions are the regulation of e-cigarettes and nicotine pouches, a ban on online sales of tobacco products, restrictions on flavoured tobacco products, and mandatory registration of all tobacco dealers with the Ministry of Health.

The bill also proposes stiff penalties for violations.

Anyone found manufacturing, importing or selling unapproved tobacco products could face a fine of up to Ksh 1 million or five per cent of annual turnover, whichever is higher, or a jail term of up to two years.

Those convicted of selling tobacco products online could face fines of up to Ksh 500,000 or imprisonment for up to three years.

Businesses operating without registration from the Ministry of Health could be fined up to Ksh 3 million or jailed for up to three years.

The proposed law also seeks to impose fines of up to Ksh10 million or prison terms of up to five years for manufacturers or sellers using prohibited single-use plastics in tobacco products and packaging.

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National Assembly Health Committee Chairperson Dr. James Nyikal. PHOTO/NA