Traders across Kenya are raising concerns over the Tobacco Control (Amendment) Bill, 2024, currently before the Senate. The proposed law seeks to tighten regulation of tobacco and nicotine products, including cigarettes, vapes and nicotine pouches.
While the intention of the Bill is to strengthen public health protection, especially among young people, business owners say some of its proposals could hurt legitimate trade. Retailers, bar owners and distributors are now urging the Senate to suspend debate and allow wider public participation before the Bill proceeds further.
What the Bill seeks to change
The Tobacco Control (Amendment) Bill, 2024, aims to expand the scope of Kenya’s existing Tobacco Control Act of 2007. It introduces stricter control over the manufacture, importation, sale and promotion of tobacco and newer nicotine products. Among the proposals are tighter licensing requirements for traders, restrictions on advertising, especially through digital platforms, and the need for approval from the Health Cabinet Secretary before certain products can enter the market.
The Bill also seeks to regulate electronic nicotine delivery systems such as vapes and nicotine pouches, products that were not clearly covered in the original 2007 law. Supporters argue that the changes are necessary to close legal gaps and protect public health.
Public participation
Business associations, including the Bars, Hotels and Liquor Traders Association of Kenya, say the legislative process did not involve enough grassroots consultation.
According to their officials, many traders outside Nairobi were not given a fair opportunity to present their views during the public participation phase.
They argue that a law with wide economic impact should involve extensive consultations across counties. Some traders have warned that failure to conduct meaningful public engagement could open the door for legal challenges, since public participation is a constitutional requirement in law-making.
Concerns over flavoured products
One of the most debated sections of the Bill is the proposed restriction or ban on flavoured nicotine products. Traders say flavoured products form a significant share of the legal market.
They argue that removing them may not reduce demand but could instead push consumers toward unregulated and untaxed alternatives.
Business owners in several counties have expressed concern that Kenya is already battling high levels of illicit trade in excisable goods. In their view, stricter bans without strong enforcement mechanisms could worsen the problem and deny the government tax revenue.
Impact on small businesses
For many small retailers, tobacco and nicotine products contribute a steady portion of daily sales. Traders say additional licensing requirements, compliance costs and possible product bans could reduce profit margins and even force some outlets to close.
They warn that any decline in legal sales would affect jobs in the retail and hospitality sectors. At the same time, they insist they support laws that prevent sales to minors and protect public health, but want regulations that are practical and enforceable.
Senate on Tobacco Bill
Traders are calling on the Senate to pause further debate on the Tobacco Control (Amendment) Bill, 2024 and facilitate broader consultations nationwide.
They want hearings held in multiple counties to ensure small-scale traders, distributors and consumers are heard. Their position is not a rejection of regulation, but a demand for balance between public health goals and economic realities.
As the Senate continues to review the Bill, the outcome will likely shape the future of tobacco and nicotine regulation in Kenya for years to come.
Whether through amendments, expanded consultations or eventual passage, the discussion surrounding the Tobacco Control (Amendment) Bill highlights the importance of inclusive law-making that considers both public health objectives and the livelihoods of thousands of Kenyans who operate within the legal market.
![Interior PS Dr Raymond Omollo during a consultative meeting with Japan International Cooperation Agency (JICA) Kenya Chief Representative Shinkawa Makoto. [Photo/Dr Raymond Omollo/Facebook]](https://businesstoday.co.ke/wp-content/uploads/2026/02/Ray-200x133.webp)
![Interior PS Dr Raymond Omollo during a consultative meeting with Japan International Cooperation Agency (JICA) Kenya Chief Representative Shinkawa Makoto. [Photo/Dr Raymond Omollo/Facebook]](https://businesstoday.co.ke/wp-content/uploads/2026/02/Ray-680x454.webp)
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