RETRAK warns that some provisions could disrupt legitimate trade, fuel the illicit market The Retail Trade Association of Kenya (RETRAK) has raised concerns over proposed amendments to Kenya’s tobacco control laws, warning that some provisions could disrupt legitimate trade, increase regulatory uncertainty, and fuel the illicit tobacco market.
In a submission to the National Assembly Committee on Health, RETRAK urged lawmakers to reconsider sections of the proposed Bill that seek to introduce a tobacco-specific plastics ban and prohibit flavours in nicotine products. The association argued that Kenya already has sufficient environmental laws under the National Environment Management Authority and the Environmental Management and Coordination Act (EMCA) to regulate plastic waste through Extended Producer Responsibility (EPR) frameworks, plastic-packaging licensing, and take-back schemes.
According to RETRAK, NEMA has publicly maintained that enforcement should be driven through EPR registration and compliance measures targeting all sectors equally, rather than singling out tobacco products. The lobby group warned that introducing a tobacco-specific plastics ban could create uncertainty for manufacturers and retailers while exposing the legislation to constitutional challenges over proportionality and rationality.
“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,” CEO Wambui Mbarire says in the submission. The association has also opposed provisions under Section 12 of the Bill that seek to ban flavours in tobacco and nicotine products.
While supporting measures aimed at protecting minors from tobacco use, RETRAK argued that Kenya’s larger challenge is the growing trade in illicit and untaxed tobacco products, which it said now account for more than half of products sold on the market. The association said such products are sold without quality controls, evade taxes, and are often distributed by traders who disregard laws restricting sales to minors.
RETRAK has urged Parliament and law enforcement agencies to prioritise enforcement and administrative interventions against illicit trade instead of introducing what it described as “onerous legislative measures” that could hurt legitimate businesses and adult consumers.
The organisation further warned that a blanket ban on flavours could have unintended public health consequences by pushing consumers toward unregulated products, unsafe home-mixing practices, or back to combustible cigarette smoking.