British American Tobacco Kenya (BAT Kenya) has raised concerns that proposed amendments to the country’s tobacco control laws could cost the government Sh12 billion in annual revenue and put more than 100,000 jobs at risk across the tobacco value chain.
In a memorandum submitted to the National Assembly, BAT Kenya warned that provisions in the Tobacco Control (Amendment) Bill, 2024, could exacerbate illicit trade and disrupt legitimate business operations.
The company estimates that about 45 percent of cigarette sales in Kenya already occur on the black market and cautioned that the proposed changes could further entrench illegal trade.
BAT Kenya Managing Director Crispin Achola said the proposals fail to consider global regulatory trends aimed at encouraging adult smokers to switch to lower-risk alternatives.
“We remain committed to supporting the government’s public health objectives,” Achola said.
“However, regulation must be balanced and based on the best available science. The current proposals risk destroying a legitimate value chain and creating a fertile ground for the black market to thrive, ultimately undermining the very public health goals they seek to achieve.”
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The company pointed to countries such as the United Kingdom, Sweden, and New Zealand, where regulators have adopted differentiated approaches for non-combustible nicotine products as part of harm-reduction strategies.
BAT Kenya also objected to the Bill’s classification of electronic cigarettes and oral nicotine pouches as tobacco products, arguing that it fails to distinguish between combustible cigarettes and alternative nicotine products with different risk profiles.
Among the other concerns raised, BAT Kenya highlighted proposed dual licensing requirements that would compel traders to register with the Ministry of Health in addition to existing licensing frameworks, warning this would increase compliance costs and burden small-scale retailers. The company also criticised a proposed 100-metre restriction on tobacco sales, calling it impractical and difficult to enforce in densely populated trading areas.
Additionally, BAT Kenya flagged challenges with packaging reforms, restrictions on single-use plastics, and expanded powers for plain packaging regulations, noting that the industry is still adapting to changes introduced in June 2025.
The company urged lawmakers to undertake broader stakeholder consultations, arguing that the Bill requires a more balanced, evidence-based approach that considers both public health objectives and economic realities.
Key provisions in the Tobacco Control (Amendment) Bill, 2024, include a ban on flavours in tobacco and nicotine products, tighter regulation of electronic cigarettes and nicotine pouches, expanded graphic health warnings, potential plain packaging requirements, restrictions on sales locations, additional licensing and registration requirements for traders, and limitations on single-use plastics in packaging.
By Obegi Malack
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