Kenya proposes digital tracking and secure packaging for alcohol

KENYA – Kenya is proposing sweeping new rules that would mandate digital tracking and secure glass packaging for alcoholic beverages, introduced for a first reading in the National Assembly, to curb illicit trade and product tampering.

The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill centers on a digital track-and-trace system designed to secure the alcohol supply chain. 

Under the proposal, manufacturers, importers, distributors, and retailers must comply with regulations that would allow authorities to trace a product’s origin and manufacturing date in the event of a health crisis. 

This digital oversight aims to prevent counterfeiters from refilling authentic bottles or introducing dangerous alcohol into legitimate retail channels.

Non-Refillable Glass Targets Traditional Spirits

The bill significantly tightens packaging standards for chang’aa, a locally distilled spirit linked to past safety scares. 

Current laws allow chang’aa to be sold in PET containers or metallic packaging, but the new legislation mandates the exclusive use of glass bottles with non-refillable caps. 

Furthermore, each bottle must feature a security label unique to the manufacturer to verify authenticity. 

Lawmakers intend to use this packaging upgrade to eliminate product tampering and refilling, which are persistent issues in the informal alcohol market.

Tobacco and Shisha Regulations Expand

Beyond alcohol, the bill introduces severe restrictions on tobacco packaging and sales. 

It proposes a total ban on shisha and nicotine pouches, with violations carrying fines up to KSh5 million (US$38,650) or 10-year prison terms. 

Retailers caught selling cigarette packs with fewer than 10 units would face a KSh100,000 (US$773) fine. 

The bill also seeks to increase penalties for misleading tobacco promotions to KSh1 million (US$7,730).

Compliance Costs Spark Industry Pushback

The Alcoholic Beverages Association of Kenya (ABAK) has criticized the bill, arguing that the new packaging and digital tracking requirements could impose massive compliance costs and threaten thousands of jobs. 

While supporting efforts against illicit brews, ABAK warns that overly strict packaging rules for legitimate businesses might unintentionally push consumers toward unregulated, unsafe alternatives. 

The legislation is currently open for public participation and requires further parliamentary debate before it can be enacted into law.

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