Retailers have raised concerns over being sidelined in discussions on the Tobacco Control (Amendment) Bill, saying the current process limits input from industry players who interact directly with consumers.
Boniface Gachoka, Secretary General of the Bar, Hotel & Liquor Traders Association (BAHLITA), said the exclusion of stakeholders like retailers undermines efforts to regulate the sector effectively.
“What you’re talking about, because from the observation that we’ve had from the market, there’s some new discovery, or some new products that have come and they are legal. Yeah, they’re allowed in law, but we feel that there’s some update in terms of even recognition from the law, because the 2007 Act does not recognize them,” Gachoka said on Wednesday during an interview with Radio Generation.
Gachoka said retailers are well-placed to offer practical ideas on controlling youth access, curbing illicit trade, and monitoring the market, but these contributions have been ignored.
“The door has been closed for us to give our contribution. Our consumers also complain they’ve not been given because there’s been a lot of public outrage,” he added.
The Secretary General pointed to international examples to highlight the risks of poorly implemented tobacco regulations.
He cited South Africa, which banned tobacco consumption during COVID-19, resulting in a loss of $2.5 billion in revenue and an increase in counterfeit products from under 25% to 75%.
Gachoka emphasized the need for an inclusive amendment process that considers the perspectives of all stakeholders.
“We have a good law. We have an opportunity to amend this law, take the contribution of everybody who’s concerned in the industry, positively or even negatively, then come up with a law and come up with good ideas that can regulate the industry in a way that nabs the harmful effect of illicit trade, and something that will also prevent youth access,” he said.
The Bill, sponsored by ODM-nominated Senator Catherine Mumma, is before the Senate at the Committee of the Whole House stage after passing the second reading.
It aims to regulate production, sale, advertising, and consumption of nicotine products, including nicotine pouches and vapes.
Key proposals include banning tobacco sales through hawking, vehicles, or mobile vending, banning flavours in nicotine products, and prohibiting online and digital advertising across social media and other platforms.
Offenders could face fines of up to Sh50,000, imprisonment of up to six months, or both.
The Senate resumed sittings on September 23, with the Tobacco Control (Amendment) Bill among the most debated items on its agenda.
