Kenya proposes digital tracking for every alcoholic drink under a sweeping control bill

Kenya is considering a broad overhaul of its alcohol and tobacco rules that would require digital tracking for all alcoholic drinks made or imported into the country, tighten packaging standards for chang’aa and ban shisha and nicotine pouches.

The proposed legislation, the Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, was introduced for first reading in the National Assembly on November 5. It is sponsored by National Assembly Majority Leader Kimani Ichung’wah and still must go through public participation, parliamentary debate and possible amendments before it can become law.

At the center of the alcohol provisions is a proposed digital track-and-trace system that would apply to alcoholic drinks manufactured in Kenya as well as imported products. Under the bill, manufacturers, importers, exporters, distributors, retailers and suppliers would have to comply with the system under rules to be set out in later regulations.

Ichung’wah said the technology is meant to help authorities identify the source of dangerous alcohol. He said it would allow investigators to trace details such as where a product came from and when it was made if a drink is linked to deaths or other harm.

If enacted, the measure would expand oversight across the alcohol supply chain and could reshape compliance obligations for brewers, distillers, wine and spirits importers, wholesalers and stores. For the drinks industry, that means the bill could raise control requirements and operating costs as companies adapt packaging, record-keeping and distribution systems to meet the new standards.

The bill also sets out stricter rules for chang’aa, the locally distilled spirit that has long been associated with safety concerns in Kenya’s informal alcohol market. It would require chang’aa to be sold only in glass bottles fitted with non-refillable caps. Each bottle would also have to carry a label with a unique security feature belonging to the manufacturer so consumers and regulators can verify that the product is authentic.

That would tighten current rules, which allow chang’aa and other distilled alcoholic drinks to be manufactured, packaged, sold or distributed in glass bottles, polyethylene terephthalate containers or metallic packaging. By moving chang’aa into security-labeled, non-refillable glass bottles, lawmakers appear to be targeting product tampering and refilling, which have been persistent concerns in efforts to control illicit alcohol.

Beyond alcohol, the bill proposes a full ban on the manufacture, sale and promotion of shisha. It also would prohibit anyone from allowing, promoting, facilitating or encouraging shisha smoking or the use of nicotine pouches in Kenya.

Anyone convicted under those proposed provisions could face a fine of as much as Sh5 million, a prison term of up to 10 years, or both. The bill defines shisha as a flavored or non-flavored tobacco product that may contain molasses, honey, vegetable glycerol or other natural or artificial flavors.

The push for tighter shisha rules comes after repeated health warnings from Kenya’s National Authority for the Campaign Against Alcohol and Drug Abuse, or NACADA. The agency has previously said shisha smoke contains harmful substances including carbon monoxide and tar, adding to broader public health concerns around waterpipe tobacco use.

The proposed law would also increase penalties for smoking in prohibited places. The maximum fine would rise to Sh100,000 from Sh50,000, while the maximum jail term would double to 12 months from six months. The restrictions apply in places including workplaces, court buildings, health facilities, schools, places of worship, public transport vehicles, airports, railway stations, shopping malls, markets and sports venues.

Retailers who sell cigarettes in packs with fewer than 10 units would face tougher punishment as well. The proposed fine would increase to Sh100,000, and the maximum prison term would rise to one year. The bill also seeks to extend minimum packaging requirements to other tobacco products that may be prescribed later and to increase the penalty for misleading tobacco promotion to Sh1 million from Sh500,000, while keeping the current three-year prison term.

The package of proposals has already drawn criticism from the Alcoholic Beverages Association of Kenya, known as ABAK, which has called for the bill to be withdrawn. The group said the measure, in its current form, could cost thousands of jobs and add compliance burdens for legitimate alcohol businesses.

ABAK said it supports efforts to fight illicit brews but argued that the proposed restrictions should be proportionate, evidence-based and developed through consultations with county governments, business operators and public health stakeholders. It also warned that stricter rules on legal businesses could unintentionally push some consumers toward unsafe illicit alcohol rather than away from it.

That dispute points to the main tension around the bill. Supporters frame it as a public safety and public health measure aimed at tracing dangerous products, reducing illicit trade and discouraging tobacco use. Industry groups, however, say some provisions may impose new expenses on compliant producers and sellers without fully solving the problem of illegal alcohol.

The bill is listed on the National Assembly’s official website, where the public has been invited to submit comments as part of the legislative process. None of the proposed restrictions or penalties is in force yet. They would take effect only if Parliament approves the measure and the president signs it into law.