Kenya Revenue Authority, Anti-Counterfeit Authority, and tobacco manufacturers have taken opposing positions on proposed amendments to the country’s Tobacco Control Act, with government agencies seeking tighter controls on tobacco and emerging nicotine products. In contrast, manufacturers warn some measures could increase compliance costs and encourage illicit trade. The Anti-Counterfeit Authority is seeking greater powers to authenticate and trace tobacco and nicotine products, citing industry estimates that illicit cigarettes accounted for about 37% of Kenya’s market in 2025 and resulted in an estimated 9 billion Kenyan shillings in annual excise revenue losses. The Kenya Revenue Authority supports expanding the definition of tobacco products to include synthetic nicotine, nicotine analogues, electronic nicotine delivery systems and related liquids, as well as stronger approval and licensing requirements.
The Kenya Association of Manufacturers (KAM) and BAT Kenya have raised concerns about proposals including county-level licensing of tobacco and nicotine businesses, restrictions on single-use plastics, flavor bans, and additional registration requirements. KAM said duplicative licensing requirements could increase administrative costs, while BAT said some restrictions could push consumers toward unregulated products.
