The debate around the Tobacco Control (Amendment) Bill, 2024, is intensifying as more business organisations raise concerns over some of the proposals contained in the law currently before the Senate.
The latest lobby group to oppose sections of the Bill is the Kenya National Chamber of Commerce and Industry (KNCCI), which now joins other trade associations, including the Kenya Association of Manufacturers (KAM), the Retail Trade Association of Kenya (RETRAK) and the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) in pushing back against the proposed amendments.
The Bill, sponsored by nominated Senator Catherine Mumma, seeks to tighten regulation of tobacco and nicotine products in Kenya, including cigarettes, nicotine pouches and electronic cigarettes commonly known as vapes. Among the key proposals are stricter licensing requirements, restrictions on packaging materials, flavour bans and tighter controls on where tobacco products can be sold.
But as Parliament continues reviewing the proposed law, business groups say some of the measures could end up hurting legitimate traders more than the illicit market the government is trying to fight.
In submissions made to the Senate, KNCCI warned that parts of the Bill risk over-regulating the tobacco and nicotine sector and creating unnecessary pressure on businesses, especially small and medium-sized enterprises already struggling with high operating costs.
The chamber said the proposed amendments could increase compliance costs, create uncertainty in the market and disrupt lawful trade if passed in their current form.
“Overly restrictive or duplicative compliance frameworks can have the unintended effect of pushing activity out of the formal sector and into informal or illicit channels,” KNCCI stated in its memorandum to Parliament.
KNCCI chief executive Ahmed Farah said businesses represented by the chamber would be directly affected by the proposed changes.
“Our members are directly affected by regulatory measures that alter licensing, trade requirements, packaging rules and retail access conditions for regulated products,” said KNCCI chief executive KK Mutai.
The chamber particularly opposed proposals introducing additional licensing and registration requirements for tobacco retailers, arguing that traders are already licensed under county government systems such as the Unified Business Permit and national tax regulations.
According to KNCCI, introducing fresh permits and approvals would only increase the cost of doing business while exposing traders to delays and inconsistent enforcement.
The organisation recommended that any national licensing requirements should remain limited to manufacturers and importers already regulated under the Excise Duty Act.
Another major issue raised by KNCCI is the proposal seeking to ban single-use plastics in tobacco and nicotine packaging.
The chamber argued that Kenya already has existing environmental laws capable of dealing with plastic pollution and waste management through frameworks under the Environmental Management and Coordination Act and Extended Producer Responsibility regulations.
According to the lobby group, introducing plastics restrictions through tobacco legislation would create overlapping laws and confusion for manufacturers, distributors and retailers.
Instead of introducing new tobacco-specific rules, KNCCI wants Parliament to strengthen enforcement of existing environmental regulations and improve coordination between health and environmental agencies.
“The chamber recommended using current take-back, recycling and recovery systems under the Extended Producer Responsibility framework rather than imposing blanket bans,” the memorandum states.
Sale of tobacco
One of the most contested proposals in the Bill is a restriction seeking to ban the sale of tobacco and nicotine products within a 100-metre radius of schools and other places mainly used by persons under 18 years.
KNCCI warned that the measure could have far-reaching consequences for traders operating in major towns and cities where schools, businesses and residential areas are closely located.
The chamber argued that the rule could effectively lock out thousands of licensed businesses from operating legally.
According to the organisation, shutting down formal businesses would not eliminate demand for tobacco and nicotine products but instead create room for illegal traders and counterfeit products.
“It could effectively amount to a ban on lawful retail operations in many towns and cities,” the chamber warned.
As an alternative, KNCCI proposed stricter enforcement of age-verification requirements, visible warning signage in shops, regular inspections and tougher penalties for traders found selling tobacco products to minors.
The chamber maintains that such targeted measures would better protect young people without destabilising compliant businesses.
The concerns raised by KNCCI mirror those already presented by other business associations in recent months.
KAM has also opposed sections of the Bill, warning that some provisions could increase the cost of doing business and create conflicting regulatory frameworks that may encourage illicit trade.
Meanwhile, RETRAK earlier urged lawmakers to reconsider proposals seeking to ban flavours in nicotine products and introduce tobacco-specific plastics restrictions.
The association argued that Kenya already has strong environmental laws enforced through the National Environment Management Authority (NEMA) and the Environmental Management and Coordination Act.
According to RETRAK, NEMA has consistently maintained that plastic waste enforcement should be handled through existing Extended Producer Responsibility frameworks rather than targeting one industry.
The association warned that singling out tobacco products could expose the law to constitutional challenges.
“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 lobby group also objected to proposals banning flavours in tobacco and nicotine products.
While supporting efforts aimed at protecting minors, RETRAK argued that Kenya’s biggest challenge remains the growing market for illicit and untaxed tobacco products, which it claims now account for more than half of products sold in the country.
The association said many illegal products enter the market without quality checks, evade taxes and are often sold by traders who ignore age restrictions.
“We therefore call upon the National Assembly to consider amendments that enable responsible adult access to these products from legitimate business suppliers, in the interest of the consumer and their safety,” RETRAK stated.
BAHLITA has also been lobbying the Senate to halt debate on the Bill and allow wider public participation, saying many small traders and retailers have not been adequately consulted.
The Tobacco Control (Amendment) Bill, 2024, was introduced to strengthen Kenya’s tobacco laws and regulate emerging nicotine products such as vapes and nicotine pouches, whose use has grown rapidly among young people in recent years. The proposed law seeks to update the Tobacco Control Act of 2007, which did not adequately address newer nicotine products.
The Bill is currently before the Senate as lawmakers continue receiving submissions from stakeholders across the health, manufacturing, retail and hospitality sectors.
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