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Tag: Kenya

  • AOI Kenya Loses $183M Tax Case

    AOI Kenya Loses $183M Tax Case

    Alliance One Tobacco Kenya Limited (AOTKL) was ordered to pay the Kenya Revenue Authority (KRA) Sh23.7 billion ($182.8 million) after the High Court dismissed its appeal following a protracted tax dispute, ruling the company’s leaf processing amounted to “manufacturing,” and therefore was subject to excise duties, according to Daily Nation Africa. The ruling comes after years of wrangling over corporate income tax, excise duty, and value-added tax liabilities, with KRA alleging under-declarations and misclassification of tobacco products. According to filings, the revenue body argued that AOTKL reported discrepancies between sales declared for corporate tax versus VAT returns, while also disputing how the company classified stemmed tobacco and semi-processed products.

    “Our operations in Kenya ceased nearly 10 years ago; however, an excise tax matter with the Kenya Revenue Authority remains ongoing in the courts,” said Miranda Kinney, a spokesperson from AOI. “While we respect the judicial process, we strongly disagree with the position taken by the High Court and are pursuing all appropriate avenues of appeal. We remain committed to meeting our regulatory and tax obligations while maintaining transparent, responsible business practices. Given this is an ongoing legal matter, we cannot provide further comment at this time.” 

    According to Kenya Law Reporting, the case was brought before the Tax Appeals Tribunal, which in September 2024 issued a mixed ruling, partly upholding KRA’s claims. AOTKL’s transfer pricing practices also came under scrutiny, with KRA challenging documentation around full-cost mark-up adjustments with related parties. Ultimately, despite some partial relief from the Tribunal, the company has been ordered to settle the liability, making it one of the largest tax recoveries in Kenya’s tobacco sector.

  • Kenya’s Health Secretary Pushes to Regulate Miraa and Shisha

    Kenya’s Health Secretary Pushes to Regulate Miraa and Shisha

    Kenyan Health Cabinet Secretary Aden Duale told the Senate that the country currently lacks laws regulating the use of miraa and shisha, and called on Parliament to enact necessary legislation to control their consumption. Appearing before the Senate Delegated Legislation Committee during deliberations on the Graphic Health Warnings for Tobacco Products, Duale said the Tobacco Control Bill, sponsored by Nominated Senator Catherine Mumma, offers a vital opportunity to introduce such controls.

    “The Ministry of Health fully supports the Bill,” Duale said. “We have submitted our proposed amendments and urge senators to pass it.” He also revealed that “powerful individuals” had tried to pressure the ministry into approving harmful tobacco products but insisted the entire government must safeguard public health.

    Mombasa Senator Mohammed Faki raised the alarm over the lack of regulations for miraa, muguka, and shisha, calling them as dangerous as tobacco. He warned that the tobacco industry would likely attempt to influence lawmakers to block the Bill.

  • Kenyan Officials Pushing Tobacco Packaging Changes

    Kenyan Officials Pushing Tobacco Packaging Changes

    Kenya’s Cabinet Secretary for Health, Hon. Aden Duale, issued a warning to tobacco manufacturers and distributors, urging full compliance with the country’s new packaging regulations under the Tobacco Control Act. Duale said all tobacco products must display graphic health warnings (GHWs)—including images and pictograms—as stipulated in Section 21 of the Act. The Ministry has granted a nine-month compliance period from the date of gazettment.

    “These warnings are not optional. They are a legal requirement designed to educate the public and protect our youth and vulnerable populations from the dangers of tobacco,” said Duale. “Non-compliance will attract the full force of the law.”

    The Ministry of Health issued the third set of GHWs last week.

  • Kenya: Illicit Cigarettes Jump to 37% of the Market 

    Kenya: Illicit Cigarettes Jump to 37% of the Market 

    Kenya is losing more than Sh9 billion ($69 million) annually in potential revenue (taxes and levies) to the illicit cigarette trade, a new report now indicates, with almost all of these products being smuggled into the country. The newly released findings from a study conducted by international research company Kantar indicate that the illicit cigarette trade in Kenya has soared to a record high, with more than one in three cigarettes sold in the market not paying taxes.

    BAT Kenya is calling for urgent action by the authorities to tackle and mitigate the profound implications of illicit trade in cigarettes, and said “this alarming situation calls for drastic, multipronged action to seal the loopholes and protect legitimate business in Kenya.”

    “This alarming rise in illegal cigarette trade is not only depriving the Kenyan government of vital revenue needed for the country’s economic stability, but is also undermining the security and livelihoods of thousands of Kenyans in our value chain,” BAT Kenya managing director Crispin Achola said. “The illicit trade in cigarettes is not only an economic issue, it is a matter of national security and public interest.”

    Last year, the value of smuggled and counterfeit goods seized at Kenya’s entry points, reached Sh243. 5 million ($1.9 million), according to Kenya Revenue Authority (KRA), up from Sh200 million ($1.5 million) the previous year. Reports also suggest illicit cigarettes jumped from occupying 27% of the market to 37% in just one year.  

  • NewCo Funding Clean Water in Kenya

    NewCo Funding Clean Water in Kenya

    NewCo announced a new initiative where it donates $300 to provide clean and safe water to Masaai communities in rural Kenya for every container of African-origin tobacco it sells.

    “As we celebrate 20 years of proudly serving our suppliers and customers, we want to give back to the communities that make our work possible,” NewCo owner Rainer Busch said. “Over 40% of Kenya’s rural population lacks access to clean drinking water, forcing families – especially women and children – to walk long distances daily just to fetch water. Many rely on contaminated sources, leading to severe health risks like cholera and dysentery.

    “With your support, we can fund sustainable water solutions; improving health, reducing hardship, and empowering entire communities.”

    NewCo is also accepting donations for the cause, with Busch saying, “Any amount, big or small, can accelerate our impact.”

  • Report: BAT Kenya Has $28 Million Tax Discrepancy

    Report: BAT Kenya Has $28 Million Tax Discrepancy

    Members of the Tobacco Control Research Group (TCRG) and The Investigative Desk claim to have found a $93 million discrepancy in revenue reported by British American Tobacco Kenya for 2017 and 2018, which would result in $28 million in missing tax revenue for the country. According to the report published by the University of Bath’s TCRG, government documents and data on cigarette consumption and prices found numerous contradictions, including “millions of cigarette packs unaccounted for, leading to [missing] revenues and therefore tax that would normally be expected.”

    “In the absence of a convincing explanation, this looks like tax avoidance and potentially evasion,” Leopoldo Parada, Reader in Tax Law at King’s College London, said.

    “BAT Kenya firmly rejects all the allegations made regarding the discrepancy between its published financial disclosures and data,” a spokesperson for the company said in a statement. “The company pays all taxes in line with applicable laws.”

    The report authors have asked the Kenya Revenue Authority (KRA) if they will investigate, but have not yet received a response.

  • Kenya to Update Tobacco Law

    Kenya to Update Tobacco Law

    Photo: tatabrada

    Kenyan lawmakers want to update the 2007 Tobacco Control Act to account for new nicotine products, reports Nation.

    Established to control the manufacture, production, labeling, sale, sponsorship and promotion of tobacco products, the 2007 legislation did not anticipate nicotine products such as e-cigarettes and pouches. Its most recent amendment dates from 2009.

    The currently proposed amendment, tabled by Senator Catherine Mumma, will extend the Tobacco Control Act’s provisions to electronic nicotine-delivery systems, their refill containers and nicotine pouches. It also seeks to control the advertisement of electronic nicotine-delivery systems and modern oral products. In addition, the amendment will require manufacturers to secure approval from the Cabinet Secretary for Health for the manufacture, importation, distribution, storage or sale of nicotine products.

    “The principal objective of [the bill] is to amend the Tobacco Control Act to provide for the regulation of electronic nicotine-delivery systems that include electronic cigarettes and related products, regulate the sale of tobacco and tobacco products for persons under the age of 18 years, regulate advertisement and ensure prior authorization of tobacco and tobacco products by the Cabinet Secretary,” said Mumma.

    The number of Kenyans who smoke has been increasing over the years and is projected to hit 3.61 million by 2029. According to Consumer Insights, Statista, there were about 3.1 million tobacco users in Kenya at the end of 2022.

    Statista notes that the number has been rising in the past 15 years and is estimated to increase by another 5.8 percent over the next five years.

    Stakeholders have been urging the government to increase tobacco taxes to curb the rising cigarette consumption, especially among young people.

    “We want cigarettes and tobacco products to be expensive so that they are out of reach of children,” said Celine Awuor, CEO of the International Institute for Legislative Affairs, during the third annual Conference of Tobacco Taxation hosted by the National Taxpayers Association, which was reported by Africa Science News.

    “We are having products that are cheap and relatively affordable, meaning that young people are able to access and pick up these habits early and then get hooked into addiction.”

    Currently, taxes in Kenya constitute 32 percent of the retail price, well below the World Health Organization’s recommendation of between 70 percent and 75 percent. And whereas the WHO advocates uniform taxation for all tobacco products, the Kenyan cigarette tax system distinguishes between filtered and unfiltered cigarettes.

    Meanwhile, Tobacco Control Board chair Naom Shaban highlighted the challenges presented by illicit tobacco products, which have been gaining market share. “These products are dangerous because we don’t know their contents and they bypass health regulations,” Shaban was quoted as saying.

  • Cigarette Prices up in Kenya

    Cigarette Prices up in Kenya

    Photo: Taco Tuinstra

    Tobacco companies in Kenya have increased cigarette prices even after the government withdrew a proposed excise tax increase, reports The Star.

    Following price hikes of between 20 percent and 33 percent, the price of a single cigarette has increased by an average of KES5 ($0.03) at the retail market. Sportsman, one of the most common brands, now costs KES20 per stick with a packet retailing at an average KES400.

    Originally, the government had planned to increase cigarette taxes to KES4,100 per 1,000 sticks from KES4,067.03 per 1,000 sticks. However, following countrywide protest (which also targeted other tax hikes), President William Ruto declined to sign the legislation into law.

    The tobacco companies who since increased the prices earlier opposed the treasury’s proposals, arguing that the measure would stifle the formal industry and boost illicit trade.

    BAT Kenya attributed the price hikes to rising production costs.

    “Over the past year and into 2024, there has been a significant and sustained rise in our cost of production, occasioned by economic turbulence across both our domestic and export markets, arising from global and domestic geopolitical disruptions, currency fluctuations and rising interest rates, which has adversely impacted our trading environment,” the firm told The Star.

    The price increase, it said, was necessary for the business to navigate an increasingly challenging operating environment and enable the company to continue to meet its business obligations, including supporting the livelihoods of over 80,000 Kenyans in its value chain.

    BAT Kenya’s profits declined 19.2 percent to KES5.57 billion in 2023 due to higher operating cost and lower sales volumes.

  • BAT Kenya Sells Pouch Equipment

    BAT Kenya Sells Pouch Equipment

    Photo: BAT

    BAT Kenya is selling the equipment at its oral nicotine pouch factory in Nairobi, reports Business Daily.

    The facility has been idle for nearly five years due to the government’s failure to issue a license for commercialization of the new product.

    The cigarette maker announced the decision on July 25, in a commentary accompanying its financial results for the six months ended June 2024, in which net profit dropped by 24.3 percent to KES2.14 billion ($16.4 million) on lower sales and higher finance costs.

  • BAT Kenya Ups Leaf Price to Secure Supply

    BAT Kenya Ups Leaf Price to Secure Supply

    Photo: Taco Tuinstra

    BAT Kenya is paying more for leaf to ensure the security of its supply, reports Business Daily Africa.

    In fiscal year 2023, the cigarette manufacturer increased its per-kilo price by 5 percent to KES198.75 ($1.50) even as the number of contracted farmers dropped to 1,672, down nearly 20 percent from the previous fiscal year.

    Only five years ago, BAT had access to 5,700 tobacco growers in Kenya. The drop has been driven in part by farmers abandoning tobacco in favor of alternative crops such as beans and maize, along with pressure from anti-smoking activists.

    To help stem the decline, the company has been offering free tobacco seedlings, fertilizer and personal protective equipment. In addition, it has encouraged crop diversification by issuing farmers subsidized maize and avocado seeds, allowing them to earn extra income without abandoning tobacco.

    The company has also been introducing hybrid tobacco seed varieties to boost crop yields and disease resistance, and low-cost technologies such as mechanized ploughing and ridges to help growers cut cost and maximize returns.

    BAT Kenya paid KES954 million for its total tobacco requirements in 2023 compared with KES946 million in 2022. Last year, it purchased 4.8 million kg of leaf, down from 8.9 million kg in 2019.