Bar owners and retailers have called on the Senate to stop further debate on the Tobacco Control (Amendment) Bill, 2024, insisting it should first undergo proper public participation.
In a joint petition submitted on September 24, the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) together with the Retail Traders Association of Kenya (Retrak) accused lawmakers of pushing the Bill forward without engaging those most affected.
They argue that consumers, manufacturers, and traders were excluded from a process that will directly impact their businesses and livelihoods.
“Your humble petitioners wish to bring it to your attention that the People’s Voice has not been heard in the process of formulating and progressing the Bill to its current stage in the Senate. This Bill has been rushed forward without any meaningful consultation,” the petition reads.
The Tobacco Control Bill, sponsored by ODM Nominated Senator Catherine Mumma, seeks to amend the Tobacco Control Act of 2007.
It introduces tougher rules on the manufacture, sale, advertising, and smoking of nicotine products, with new provisions extending to synthetic nicotine, vapes, and pouches.
According to the petitioners, the Bill in its current state threatens the survival of small and medium-sized enterprises through duplicative licensing, excessive regulation, and costly compliance demands. They fear that it will also fuel a growing black market.
“Kenya risks being flooded by illicit tobacco and nicotine products as a negative result of the Bill,” the petition says, warning that legal traders could be squeezed out while illegal operators thrive. “Already, half of Kenya’s cigarette market is illegal.
This Bill will only make things worse by moving more products to the black market. It will expand the black market, punish law-abiding traders, removing jobs, and robbing thousands of small family-owned shops, who already struggling to stay afloat, of their livelihoods.”
The petitioners are urging senators to suspend debate and open the door to inclusive talks.
“Honourable Clerk, we call upon the Senate to immediately stop the progress of the Tobacco Control (Amendment) Bill, 2024 and engage in inclusive, transparent consultations with all affected stakeholders — consumers, retailers, and manufacturers,” the petition states.
They reminded senators that the livelihoods of their constituents were on the line.
“Senators are elected by us — the people of Kenya. Jobs and livelihoods are at stake. This Bill threatens employment in legal retail and trade. Supporting this Bill in its current form and progressing it further without proper public and stakeholder consultations as envisioned in the Constitution of Kenya means turning away from the very communities that elected you,” the petition adds.
The Tobacco Control (Amendment) Bill, 2024, is currently awaiting consideration at the Committee of the Whole House stage, where proposed changes can be debated and voted on.
In recent weeks, small traders across the country have also voiced similar concerns, warning that the legislation could harm their operations and destabilize the retail sector.