Traders in Nairobi have raised alarms over the Tobacco Control (Amendment) Bill, 2024, which is currently under consideration by the Senate. They argue that certain provisions in the bill, especially the proposed ban on flavours in tobacco and nicotine products, could inadvertently drive consumers towards illicit alternatives, thereby worsening the existing challenges posed by the black market. Similar concerns have been echoed by traders in other cities such as Mombasa, Eldoret, and Nakuru, indicating a widespread apprehension regarding the potential impact of the bill on legitimate businesses.

The bill, which is sponsored by ODM Nominated Senator Catherine Mumma, aims to update the Tobacco Control Act of 2007 to include regulations for newer products such as vapes and nicotine pouches. It mainly focuses on banning flavours which, according to supporters, make these products more appealing to minors. However, business owners argue that rather than protecting youth, this ban could lead to more consumers opting for unregulated and potentially harmful products that are easily accessible on the illicit market.

The implications of the Tobacco Control (Amendment) Bill are significant. Recently, authorities have conducted seizures of illicit tobacco products, such as a notable operation earlier this year that confiscated 9.3 million cigarettes. Traders fear that the legislative changes may increase these illegal trading activities, ultimately harming the economy and public health in the long run, as the government may lose tax revenue and struggle with the enforcement of regulations designed to curb the tobacco epidemic.