Traders Warn Senate: Tobacco Bill Could Fuel Illicit Market Surge
Speaking at a press briefing in Nairobi, traders warned that the proposed amendments particularly the ban on flavoured nicotine and tobacco products could drive consumers toward contraband alternatives, crippling legitimate businesses
By : Mweru Mbugua
Business traders have raised concerns over the potential rise in illicit tobacco products if the Senate passes the Tobacco Control (Amendment) Bill, 2024, in its current form
Speaking at a press briefing in Nairobi, traders warned that the proposed amendments particularly the ban on flavoured nicotine and tobacco products could drive consumers toward contraband alternatives, crippling legitimate businesses
Their concerns echo those of business owners in Mombasa, Eldoret, and Nakuru, who have also called on senators to reconsider the legislation
The Bill, sponsored by ODM Nominated Senator Catherine Mumma, seeks to update the Tobacco Control Act of 2007 and regulate emerging products such as vapes and nicotine pouches. One of its key provisions is the ban on flavours, aimed at reducing appeal to minors
However, traders argue that the measure will backfire, fueling the spread of untaxed and unsafe products
“Only this January, a multi-agency team including the Kenya Revenue Authority and the Anti-Counterfeit Authority seized 9.3 million sticks of contraband cigarettes at the Port of Mombasa, valued at Ksh.281 million. This follows a similar seizure in September last year worth Ksh.29 million,” said Boniface Gachoka, Secretary General of the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA)
He added, “Banning flavours in these products will immediately open the doors to a flood of illicit goods. Legitimate businesses will suffer as consumers opt for cheaper, contraband alternatives, causing closures and loss of billions in government tax revenue”
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Traders are urging the Senate to strengthen enforcement of existing laws rather than introducing new restrictions. The current Tobacco Control Act already prohibits minors from accessing tobacco and nicotine products, they argue
“We remain fully committed to compliance with the law. The Senate should reject the proposal to ban flavours, as doing so will encourage the sale of illicit products and harm both business and government revenue,” Gachoka said
The Bill now awaits deliberation at the Committee Stage, where key amendments could still be made
