The Core Argument: “Regulation, Not Prohibition”
Speaking in Eldoret, Holliab Lodenyo, Chairman of the Bars, Hotels, and Liquor Traders Association in Uasin Gishu, clarified that while traders support the government’s fight against untaxed goods, the flavour ban goes a step too far.
The Market Vacuum: Traders argue that banning legal, tax-compliant flavoured products—like menthol or fruit-flavoured nicotine pouches—will create a void that criminal syndicates will immediately fill with unregulated, cheaper alternatives.
Tax Revenue at Risk: According to the Kenya Revenue Authority (KRA), more than 50% of excisable products in Kenya (including cigarettes and alcohol) are already illicit. Traders warn that this bill will further drain the exchequer of billions in potential revenue.
Livelihoods in Jeopardy: Small and medium enterprises (SMEs) that have invested heavily in legal nicotine products fear the sudden collapse of their business models if the bill passes.
2. What the Tobacco Control (Amendment) Bill Seeks to Do
The bill, currently before the Senate and sponsored by Nominated Senator Dr. Catherine Mumma, is primarily aimed at protecting minors.
Prohibiting Additives: It targets “characterising flavours” (fruit, spice, candy, etc.) that make nicotine products more appealing to children.
Strict Digital Controls: It seeks to ban the advertising and sale of tobacco products on social media and digital platforms.
Standardisation: The bill mandates that all nicotine products be child-proof, tamper-proof, and clearly labeled with health warnings.
3. The “Legislate Morality” Debate
Traders in Eldoret echoed sentiments shared by their counterparts in Mombasa and Nyeri, arguing that the government should focus on enforcing existing laws—such as Section 15 of the Tobacco Control Act (2007), which already forbids the sale of tobacco to minors.
“We ask the Senate to protect government revenue and legitimate businesses. Banning flavours is an attempt to legislate morality for adults, rather than enforcing the laws that already protect our children.” — Faith Mwende, Coast Traders Representative (supported by Eldoret leaders).
