NAIROBI, Kenya — Tobacco manufacturers and traders have been dealt a major blow after the Senate Health Committee approved a Bill that introduces sweeping taxes and strict controls on the production, sale, and use of tobacco and nicotine-related products.
The Tobacco Control (Amendment) Bill, 2024, sponsored by nominated Senator Catherine Mumma, seeks to tighten regulation of both natural and synthetic nicotine products, including vapes and nicotine pouches.
In its report tabled in the Senate, the committee—chaired by Uasin Gishu Senator Jackson Mandago—endorsed the Bill for progression to the next stage, saying it had considered stakeholder submissions but found the proposed changes necessary to protect public health.
“Having considered the Tobacco Control (Amendment) Bill, 2024, and the submissions received thereon, the Standing Committee on Health recommends that the Bill proceed to the next stage of the legislative process,” the report stated.
Licensing and Taxation at the Heart of the Dispute
While the committee proposed only minor adjustments, it retained most of the Bill’s contentious clauses, including mandatory licensing for all entities involved in the manufacture, distribution, or sale of tobacco products.
The report also recommended that traders pay additional county-level taxes—on top of existing national levies—and restrict operations to fixed, licensed premises, effectively outlawing hawking of tobacco products.
“It is important that the tobacco products business be licensed at the county level for proper monitoring and compliance,” the committee noted.
Manufacturers such as British American Tobacco (BAT) had lobbied senators to drop provisions they described as “punitive” and harmful to legitimate businesses, but the committee held firm on advertising and sales restrictions.
Flavour Ban and Online Sales Prohibition Upheld
The Bill retains a ban on advertising, online sales, and digital promotion of tobacco products across social media and video-sharing platforms—a move aimed at curbing youth exposure.
It also endorses a complete ban on characterising flavours and additives—including fruit, spice, menthol, and alcohol-based variants—that regulators say make nicotine products more appealing to new users.
Flexibility on Tax Structure
One notable amendment gives the Cabinet Secretary for the National Treasury broader discretion in setting tobacco taxes.
The committee deleted a clause that required taxes to be pegged solely to nicotine concentration, arguing that this would “limit flexibility and weaken the deterrent purpose of taxation.”
Manufacturers will also be required to pay product testing fees, with the Kenya Bureau of Standards (KEBS)—and not the Health Ministry—taking over responsibility for testing and approval of tobacco products.
Traders Warn of Job Losses, Black Market Growth
The Bill has faced intense opposition from traders and business associations who warn it will cripple small businesses and push the tobacco trade underground.
Last month, members of the Bar, Hotels and Liquor Traders Association of Kenya, the Retail Trade Association of Kenya, and Business Focus staged protests outside Parliament, calling the proposed law “anti-business” and “discriminatory.”
“Several provisions in the Bill will kill legal businesses and hand over the sector, particularly nicotine products, to criminal enterprises,” the associations said in a joint statement.
In Mombasa, tobacco vendors echoed similar concerns, accusing the Senate of rushing the Bill without meaningful public participation.
Balancing Health and Business
The Tobacco Control (Amendment) Bill, 2024, underscores an ongoing tug-of-war between Kenya’s public health goals and the economic interests of traders.
While health advocates say the measures are essential to curb nicotine addiction and protect youth, industry players argue the Bill threatens thousands of jobs and could fuel an illicit market.
The Bill now proceeds to the second reading stage in the Senate for debate and possible passage.
