Bar owners and retailers have petitioned the Senate to suspend debate on the controversial Tobacco Control (Amendment) Bill, 2024, demanding fresh public participation before the proposed law moves forward.
The petition was submitted on Wednesday by the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) and the Retail Traders Association of Kenya (Retrak). The groups argue that the Bill, sponsored by ODM Nominated Senator Catherine Mumma, has been rushed through Parliament without adequate consultation with key stakeholders.
The Bill seeks to tighten regulations on the production, sale, advertising, and use of nicotine products. It covers not only traditional tobacco products but also newer alternatives such as vapes and nicotine pouches.
According to the petitioners, the law in its current form would have far-reaching economic consequences, particularly for small and medium-sized enterprises (SMEs). They cite fears of duplicative licensing, excessive regulation, and costly approval processes that could cripple legitimate businesses.
“The People’s Voice has not been heard in the process of formulating and progressing this Bill. Consumers, retailers, manufacturers, and other critical stakeholders who stand to be significantly impacted have been left out of the conversation,” the petition reads in part.
BAHLITA and Retrak also warned that stricter regulations could fuel illicit trade, which already accounts for nearly half of Kenya’s cigarette market. They argue the Bill risks punishing law-abiding traders while boosting black-market activity.
The groups further reminded senators of their constitutional duty to protect jobs and livelihoods:
“Supporting this Bill in its current form without proper consultations means turning away from the very communities that elected you.”
The Bill is currently at the Committee of the Whole House stage, where senators will consider and vote on proposed amendments. For now, SMEs and bar owners continue to push for broader public participation to ensure their concerns are addressed.
