A protester holds a placard outside Parliament Buildings during public participation on the Tobacco Control (Amendment) Bill on September 24, 2026.
Retail and hospitality groups urge MPs to reconsider licensing and flavour restrictions, warning of higher business costs and a possible rise in illicit trade.
Retail and hospitality industry representatives have urged Parliament to review the proposed Tobacco Control (Amendment) Bill, 2026, raising concerns that additional licences and restrictions on flavours could hurt legitimate businesses.
The stakeholders spoke in Nairobi on September 24 on the sidelines of public participation organised by the National Assembly Committee on Health. Representatives from the retail, harm reduction and entertainment sectors called for an evidence-based approach that considers both public health and livelihoods.
They said they supported efforts to limit the harmful effects of tobacco use and improve regulatory oversight. However, they cautioned that some proposed measures could raise operating costs and create opportunities for illegal traders at the expense of businesses that comply with the law.
Retailers question additional tobacco licence
Retail Trade Association of Kenya (RETRAK) chief executive Wambui Mbarire challenged the proposed requirement for retailers to obtain an additional licence to sell tobacco products.
Mbarire said supermarkets already needed an average of 39 licences to operate. Adding another permit, she argued, would increase an already substantial regulatory burden, particularly for small and medium-sized enterprises facing rising operating expenses.
She said the proposal would duplicate existing licensing arrangements and work against the intention of a unified business permit. In her view, an extra tobacco licence would make the business environment more complicated rather than simplify compliance.
Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Chairman Michael Kiragu raised similar objections. He said requiring traders to hold both an operating licence and a separate licence for tobacco sales would impose overlapping obligations on businesses.
Hospitality traders oppose flavour restrictions
The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) opposed the proposed ban on flavours in tobacco products, warning that it could push demand towards illicit alternatives.
BAHLITA Secretary-General Boniface Gachoka argued that restrictions should target flavours that appeal to children rather than prohibit flavours broadly. He pointed to the use of flavours in other consumer products, including alcohol and food, in making the association’s case.
Gachoka warned that a wider ban could damage lawful businesses, reduce government revenue and expose consumers to unregulated products. The association presented these as potential consequences lawmakers should weigh when considering the proposal.
Public participation across seven counties
The stakeholders asked Parliament to assess the economic and regulatory implications of the amendments before settling on the final legislation. They urged MPs to balance public health goals with the interests of legitimate businesses and workers across the tobacco value chain.
The National Assembly Committee on Health is holding public participation engagements in Nairobi, Uasin Gishu, Bungoma, Kisumu, Meru, Tharaka Nithi and Laikipia counties.
The consultations are taking place ahead of the resumption of National Assembly sittings next Tuesday following the parliamentary recess.
