Submissions place Parliament at the centre of a debate over how to strengthen public-health protections while limiting illicit trade Wambui Mbarire, CEO of the Retail Trade Association of Kenya (Retrak), speaks outside Parliament Buildings after a public participation engagement on the Tobacco Control (Amendment) Bill/ HANDOUT Kenya Revenue Authority, Anti-Counterfeit Authority and manufacturers have clashed over the proposed Tobacco Control (Amendment) Bill, 2024, with state agencies pushing for tighter controls.
Industry players on the other side are warning that some measures could raise compliance costs and fuel illicit trade, leading to closure of businesses, revenue and job losses, and exposure to risky products. Submissions to the National Assembly Departmental Committee on Health reveal divergent views on licensing, product authentication, flavours, plastics and regulation of emerging nicotine products as Parliament considers changes to the Tobacco Control Act, 2007.
The ACA wants the bill strengthened to give enforcement agencies greater powers to authenticate and trace tobacco and nicotine products, arguing that stronger controls would protect legitimate businesses, government revenue and consumers. The authority cited its 2020 National Baseline Survey, which estimated counterfeit and illicit trade at 9.3 per cent of Kenya’s GDP, equivalent to about Sh829 billion annually.
For tobacco, the ACA cited industry data estimating illicit cigarettes accounted for about 37 per cent of the Kenyan market in 2025, with annual excise revenue losses estimated at Sh9 billion. It wants tobacco and nicotine products, including electronic nicotine delivery systems and nicotine pouches, subjected to stronger approval and authentication requirements before entering the market.
The ACA has proposed a machine-readable register of approved brands, manufacturers and importers linked to its Anti-Counterfeit Integrated Management System and KRA’s Excisable Goods Management System. “The system would enable enforcement officers to verify products at borders, warehouses and retail outlets, while mandatory product information such as unique identifiers, country of manufacture, production dates and scannable authentication features would help distinguish legitimate goods from illicit products.” KRA has similarly backed measures aimed at closing regulatory and taxation gaps around emerging nicotine products.