British American Tobacco Kenya warned that proposed amendments to Kenya’s tobacco control laws could cost the government an estimated Sh12 billion ($92 million) in annual revenue and threaten more than 100,000 jobs across the tobacco supply chain. In a memorandum submitted to Kenya’s National Assembly, BAT Kenya said provisions in the Tobacco Control (Amendment) Bill, 2024, could worsen the illicit cigarette trade, which the company estimates already accounts for about 45% of the country’s cigarette market.
The proposed legislation includes bans on flavors in tobacco and nicotine products, tighter regulation of e-cigarettes and nicotine pouches, expanded graphic warning requirements, potential plain packaging rules, additional licensing obligations for retailers, restrictions on single-use plastics, and a proposed 100-metre limit on tobacco sales locations. BAT Kenya also objected to plans to classify electronic cigarettes and oral nicotine pouches as tobacco products, arguing the bill does not distinguish between combustible and non-combustible nicotine products.
BAT Kenya Managing Director Crispin Achola said the company supports public health goals but called for a more balanced and evidence-based regulatory framework. The company urged lawmakers to conduct broader stakeholder consultations and pointed to countries including the United Kingdom, Sweden, and New Zealand as examples of markets using differentiated regulation for alternative nicotine products.
