Kenya Bill Proposes Ksh5 Million Fine and 10-Year Jail Term for Shisha

Kenya's National Assembly has introduced a bill that would impose a fine of up to Ksh5 million, a 10-year jail term, or both on anyone who allows, promotes or facilitates shisha smoking or nicotine pouch use. The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, 2026, sponsored by Majority Leader Kimani Ichung'wah, had its first reading on Thursday. It amends Kenya's Tobacco Control Act and the country's alcohol laws.

The bill makes it an offence to "allow, promote, facilitate or encourage" shisha smoking or nicotine pouch use. It defines shisha as a flavoured or unflavoured tobacco product that may contain molasses, honey, vegetable glycerol, or other natural or artificial flavours.

What does the bill change for alcohol?

The bill does not ban chang'aa, a traditional distilled spirit. Instead, it requires the drink to be sold in glass bottles fitted with non-refillable caps. Labels must carry manufacturers' unique security features so buyers can verify authenticity. Current law allows chang'aa and other distilled drinks to be packaged and sold in glass or plastic bottles or metallic containers.

The bill also creates a digital tracking system for all alcoholic drinks made in or imported into Kenya. Manufacturers, importers, exporters, distributors, retailers and suppliers would all have to comply. Ichung'wah said the system would let authorities trace drinks linked to deaths back to their source.

"The digital track and trace system will help us so that when a drink kills people, details such as date of manufacture and the origin can be traced," he said.

How do the tobacco penalties increase?

The bill doubles the penalty for smoking in prohibited places. The current fine of Ksh50,000 or up to six months in prison would rise to Ksh100,000 or up to 12 months, or both. Prohibited locations include workplaces, court buildings, health institutions, places of worship, prisons, police stations, public transport and terminals, educational facilities, shopping centres, markets, stadia and recreational facilities.

The penalty for retailers selling cigarettes in packs of fewer than 10 units would also double. The maximum fine rises from Ksh50,000 to Ksh100,000, and the jail term from six months to one year.

The existing Tobacco Control Act already bars the sale of individual cigarettes and packs of one or two. The amendment extends the minimum pack-size rule to other prescribed tobacco products, with packages required to hold at least 10 units or another prescribed minimum of no fewer than 10.

The fine for falsely promoting tobacco products would rise from Ksh500,000 to Ksh1 million. The maximum jail term of three years stays unchanged.

Who is pushing back?

The Alcoholic Beverages Association of Kenya (ABAK) wants the bill withdrawn. The association warned the proposals could cost thousands of people their jobs and push consumers toward unsafe illicit alcohol. Think of a door closed on licensed trade while a back window opens for illegal brewers.

ABAK said it supports the fight against illicit brews. But it argued measures should be proportionate, evidence-based, and developed through consultation with county governments, legitimate businesses, public health stakeholders and others affected.

"The proposed Bill will disproportionately increase compliance burdens for legitimate alcohol manufacturers while potentially enabling more illicit alcohol players to thrive," the association said.

Why target shisha?

According to the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada), shisha smoke contains harmful substances including carbon monoxide and tar. These are linked to cancers of the mouth and lungs, heart disease, and respiratory illnesses.

If the bill passes, Kenya would become the fourth country in East Africa to prohibit shisha, after Uganda, Tanzania and Rwanda.

What happens next?

The bill now enters public participation under Article 118 of Kenya's Constitution (the clause requiring Parliament to involve the public in lawmaking). MPs will then debate it and consider any further amendments before a vote.

For practitioners, the message is straightforward. Tobacco retailers, alcohol manufacturers and importers face sharply higher exposure if the bill passes as drafted. The new digital track-and-trace rules would add compliance duties across the entire supply chain, from manufacturer to retailer. Chang'aa producers face a packaging overhaul, not a ban. Clients in the sector should track the public participation window closely, because that is the last realistic point to shape the text before parliamentary debate.