NAIROBI, Kenya – Kenya’s alcohol trade could face sweeping changes under a new Bill before Parliament, with manufacturers and distributors expected to comply with digital tracking requirements while chang’aa producers face stricter packaging rules.
The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung’wah, proposes a series of changes to alcohol and tobacco regulation, including a ban on shisha and nicotine pouches.
The proposed legislation was introduced for first reading in the National Assembly on Thursday, November 5, setting the stage for parliamentary consideration of measures that could significantly affect consumers, retailers and manufacturers.
One of its most notable provisions targets chang’aa, which would have to be sold in glass bottles fitted with non-refillable caps if the Bill becomes law.
Each bottle would also be required to carry a label bearing a unique security feature belonging to the manufacturer, allowing authorities and consumers to establish the authenticity of the drink.
The proposal would tighten existing rules, which allow chang’aa and other distilled alcoholic drinks to be manufactured, packaged, sold or distributed in glass bottles, polyethylene terephthalate containers or metallic packaging.
Digital tracking system proposed for alcoholic drinks
The Bill also seeks to introduce a digital track-and-trace system covering alcoholic drinks manufactured or imported into Kenya.
Under the proposed requirements, manufacturers, importers, exporters, distributors, retailers and suppliers would be required to comply with the tracking system as prescribed in regulations.
Ichung’wah said the technology would help investigators establish the source of alcoholic drinks suspected of causing deaths or other harm.
“The digital track and trace system will help us so that when a drink kills people, details such as date of manufacture and the origin can be traced,” he said.
The proposal is intended to improve accountability across the alcohol supply chain by making it easier to identify the manufacturers and distribution channels of dangerous products.
Shisha users and sellers face tough proposed penalties
Beyond alcohol regulation, the Bill proposes to outlaw the manufacture, sale and promotion of shisha.
It also seeks to prohibit anyone from allowing, promoting, facilitating or encouraging shisha smoking or the use of nicotine pouches in Kenya.
A person convicted of violating the proposed provisions could face a fine of up to Sh5 million, imprisonment for up to 10 years, or both.
The Bill defines shisha as a flavoured or non-flavoured tobacco product that may contain molasses, honey, vegetable glycerol or other natural or artificial flavours.
The proposed restrictions come amid public health concerns over the substances inhaled through waterpipe tobacco products. The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has previously warned that shisha smoke contains harmful substances, including carbon monoxide and tar.
Alcohol industry warns of job losses
The proposals have already attracted opposition from the Alcoholic Beverages Association of Kenya (ABAK), which has called for the Bill to be withdrawn.
The association warned that implementing the legislation in its current form could lead to thousands of job losses and place additional compliance costs on legitimate businesses.
It also cautioned that excessive restrictions could push consumers towards unsafe illicit alcohol, undermining efforts to protect public health.
“The proposed Bill will disproportionately increase compliance burdens for legitimate alcohol manufacturers while potentially enabling more illicit alcohol players to thrive,” the association said.
ABAK maintained that while it supports efforts to tackle illicit brews, regulatory measures should be proportionate, evidence-based and developed through meaningful consultations with county governments, businesses and public health stakeholders.
Smoking penalties and tobacco restrictions also set to rise
The Bill further proposes increasing penalties for smoking in prohibited places.
The maximum fine would rise from Sh50,000 to Sh100,000, while the maximum prison term would increase from six months to 12 months, or both.
The restrictions cover a wide range of locations, including workplaces, court buildings, health institutions, schools, places of worship, public transport vehicles, airports, railway stations, shopping malls, markets and sports facilities.
Retailers who sell cigarettes in packages containing fewer than 10 units would also face tougher penalties, with the proposed fine increasing to Sh100,000 and the maximum jail term rising to one year.
The legislation further seeks to extend minimum packaging requirements to other prescribed tobacco products and increase the fine for misleading tobacco promotion from Sh500,000 to Sh1 million, while retaining the existing three-year prison term.
Parliament to consider proposals
The Bill is listed on the National Assembly’s official parliamentary website, where the public has been provided with an avenue to submit comments.
It must undergo public participation and parliamentary scrutiny before MPs can consider its provisions and any proposed amendments.
The proposed penalties and restrictions are therefore not yet in force. They would only become law after the required legislative process is completed and the Bill receives presidential assent.
If enacted, the legislation would introduce significant changes to Kenya’s alcohol and tobacco industries, from how chang’aa is packaged and alcoholic drinks are traced to the products consumers can legally manufacture, sell or use.
