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Tag: Kenya

  • Kenya Overturns Enforcement of Shisha Ban

    Kenya Overturns Enforcement of Shisha Ban

    Kenya’s High Court ruled that the country’s 2017 shisha regulations are no longer legally enforceable, finding the government failed to correct procedural defects within the nine-month period ordered by the court in 2018. Justice Bahati Mwamuye declared that continued enforcement of the ban, including government directives and press releases issued in 2025, was unlawful and unconstitutional.

    The ruling prevents authorities from enforcing the 2017 shisha regulations against members of the Novel Tobacco Products Association and invalidates recent government crackdowns based on those rules. The court also held that tobacco products cannot be prohibited through subsidiary legislation that fails to comply with statutory requirements, effectively lifting enforcement of Kenya’s longstanding shisha ban until valid regulations are enacted.

  • BAT Kenya Says Illicit Cigarettes Costing $92M in Lost Taxes

    BAT Kenya Says Illicit Cigarettes Costing $92M in Lost Taxes

    BAT Kenya warned that illicit cigarettes now account for about 45% of Kenya’s cigarette market, costing the government an estimated Sh12 billion ($92.4 million) annually in lost tax revenue. The company said the illegal trade is undermining legitimate manufacturers and threatening an industry that supports about 80,000 livelihoods across farming, manufacturing, distribution, and retail.

    BAT Kenya Managing Director Sidney Wafula said illicit cigarettes, particularly those entering through porous borders including Uganda, are the company’s biggest challenge. “The continued rise in illicit cigarette trade remains the most significant threat to the sustainability of the legitimate industry and its value chains,” Wafula said, calling for sustained enforcement and stronger border controls.

    The warning came as BAT Kenya reported half-year revenue growth of 5% to Sh12.3 billion ($94.7 million), supported by export recovery and growth in nicotine pouches. The company said it expects continued growth in modern oral nicotine products while urging predictable tax policies and stronger action against illicit tobacco trade.

  • Kenya Looking to Crack Down on Shisha Offenders

    Kenya Looking to Crack Down on Shisha Offenders

    The Kenyan government proposed tougher regulations targeting shisha, including fines of up to Sh1 million ($7,700) and prison terms of up to six months for offenders, arguing that the country’s 2017 ban has failed to eliminate the product from nightclubs and other venues. The proposed Public Health (Control of Waterpipe Tobacco Products) Rules, 2026 would maintain the ban on the importation, manufacture, sale, distribution, promotion, and use of shisha while expanding enforcement powers across the supply chain.

    Health authorities cited continued use among young people, concerns over addiction and disease risks, and evidence of ongoing non-compliance with the existing ban. If approved, the rules would replace the 2017 regulations and establish a stricter legal framework aimed at fully eliminating waterpipe tobacco products in Kenya.

  • Kenyan Tobacco Farmers Protest Harsh Working Conditions

    Kenyan Tobacco Farmers Protest Harsh Working Conditions

    Tobacco farmers in Migori County, Kenya, are calling on the government to require leaf-buying companies to provide protective equipment, citing health risks linked to tobacco cultivation. Growers from Kuria, Suna West, and Uriri regions say more than 20,000 farmers could benefit from access to basic gear such as gloves, aprons, and masks, which they argue are necessary to reduce exposure to skin and respiratory illnesses associated with handling tobacco.

    Some farmers say they are currently bearing medical costs linked to tobacco-related ailments and accuse companies of not prioritizing worker safety, while also urging stricter enforcement of safety requirements in the sector. Tobacco firms operating in the region, including British American Tobacco and other leaf companies, have said protective gear is provided under existing arrangements or offered on credit, though they acknowledge cost and compliance challenges. The dispute comes alongside broader environmental concerns raised by officials, who warn that tobacco curing practices relying on wood fuel are contributing to deforestation and environmental degradation in parts of the region.

  • BAT Kenya Says Proposed Laws Threaten 100K Jobs

    BAT Kenya Says Proposed Laws Threaten 100K Jobs

    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.

  • BAT’s Velo Pouches Back on Market in Kenya

    BAT’s Velo Pouches Back on Market in Kenya

    BAT Kenya resumed sales of its Velo oral nicotine pouches following regulatory clarity, signaling a renewed push into non-combustible products amid declining cigarette consumption, according to Capital Business. Company officials said this “regulatory clarity” involved confirming that oral nicotine pouches can be marketed and retailed under current rules rather than being in a grey zone or treated the same as banned products. The move supports the company’s strategy to diversify revenue streams in a market challenged by rising illicit tobacco sales. BAT Kenya reported a 10% drop in turnover in 2025 to Sh23.2 billion ($176.6 million), with Velo contributing about Sh232 million ($1.8 million), or roughly 1% of total revenue, between July and December 2025.

    Finance Director Philemon Kipkemoi said the return was enabled by a regulatory environment now accommodating oral nicotine products. With local manufacturing divested, Velo is currently imported from Pakistan, though local production may be reconsidered depending on performance. Globally, British American Tobacco has reached 34 million non-combustible product users, 68% of its 2030 target, and aims for 50% of revenue from such products by 2035. In Kenya, Velo could contribute 15–25% of total revenue within three to five years, forming a key part of BAT’s strategy to expand alternative nicotine products in line with evolving regulations and consumer trends.

  • Mombasa Traders Fighting Proposed Tobacco Law

    Mombasa Traders Fighting Proposed Tobacco Law

    Retail and hospitality traders in Mombasa are pushing back against Kenya’s Tobacco Control (Amendment) Bill, 2024, warning the proposed reforms could accelerate illicit trade and undermine legitimate businesses. Speaking at a press briefing, business owners cited Kenya Revenue Authority estimates suggesting more than 50% of excisable goods in the market are already illicit or non-compliant, including cigarettes and other regulated products. Traders argue the bill, sponsored by Senator Catherine Mumma, risks worsening the situation by introducing additional restrictions such as a proposed ban on flavored nicotine products, including vapes and nicotine pouches.

    Industry representatives said while protecting minors is important, further product restrictions could drive consumers toward unregulated markets, eroding tax revenue and threatening licensed operators. Coast Bar Owners Association Chairman Patrick Kabundu warned that removing legal product options could create supply gaps quickly filled by black market suppliers, while traders urged lawmakers to focus on enforcing existing laws, including Kenya’s ban on tobacco sales to individuals under 18, rather than introducing new regulatory measures they say could harm businesses and government revenue.

  • Young Children Gaining Access to Nicotine Products: Kenyan Survey 

    Young Children Gaining Access to Nicotine Products: Kenyan Survey 

    According to the 2024 Data on Youth and Tobacco in Africa survey, Kenya is facing a rise in tobacco experimentation among extremely young children, claiming that smokeless tobacco and roll-your-own cigarettes are reaching children as young as 5 years old. According to the survey, 6.5% of adolescents had tried tobacco at least once, and 2.5% used it within the past 30 days.

    Researchers said children as young as 6 had tried manufactured cigarettes, nicotine pouches, and/or shisha, while vape use was found by age 9. Only 5.4% of the youth surveyed reported being denied purchase of e-cigarettes, and 8.7% were blocked from purchasing cigarettes.

  • Kenya Stays Defamation Case Based on ‘Tobacco Bribes’

    Kenya Stays Defamation Case Based on ‘Tobacco Bribes’

    Kenya’s Court of Appeal temporarily halted the defamation case filed by National Assembly Speaker Moses Wetang’ula against the BBC, which he accused of defaming him in the 2015 documentary Panorama: The Secret Bribes of Big Tobacco. Wetang’ula seeks damages and costs over allegations that British American Tobacco bribed him while he served as Bungoma Senator.

    The BBC argued that continuing the High Court case would undermine its appeal and block access to crucial evidence from UK courts. Wetang’ula opposed the request, calling it procedurally flawed and delayed.

    The appellate court agreed the BBC raised an arguable point, noting the delay was not excessive and emphasizing the constitutional right to a fair trial. It granted the stay, pausing the High Court proceedings until the appeal is resolved, with costs to follow the outcome.

  • Kenyan Retailers Push Back Against Tobacco Control Bill

    Kenyan Retailers Push Back Against Tobacco Control Bill

    Bar owners and retailers in Kenya held a protest today (September 24) and urged the Senate to halt the progress of the Tobacco Control (Amendment) Bill, 2024, citing a lack of public consultation. The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) and the Retail Traders Association of Kenya (Retrak) also submitted a joint petition, arguing that consumers, retailers, and manufacturers—those most affected by the proposed law—have been excluded from the legislative process. They contend that the bill, sponsored by ODM Senator Catherine Mumma, has been rushed forward without meaningful stakeholder input.

    The petitioners warn that the bill’s stricter regulations on nicotine products, including synthetic nicotine and e-cigarettes, could harm small and medium-sized businesses, increase compliance costs, and inadvertently drive legal trade into the illicit market. With half of Kenya’s cigarette market already illegal, they argue that the legislation could exacerbate black-market activity, threaten livelihoods, and reduce employment in retail. The groups are calling for inclusive, transparent consultations before the bill proceeds to the Committee of the Whole House stage.