Bar owners, retailers petition Senate to halt debate on Tobacco Control Bill, 2024

Bar owners under the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) and retailers through the Retail Traders Association of Kenya (Retrak) have petitioned the Senate to suspend further debate on the Tobacco Control (Amendment) Bill, 2024 and subject it to fresh public participation.

The petition, submitted on Wednesday, follows weeks of growing opposition from small business owners across the country who argue that the Bill has been fast-tracked without adequate consultations.

Sponsored by ODM Nominated Senator Catherine Mumma, the Bill seeks to amend the Tobacco Control Act, 2007 by introducing stricter regulations on the production, sale, advertising, and use of nicotine products. It proposes expanded control measures covering both tobacco-based products and newer alternatives such as nicotine pouches and vapes.

In their petition, the associations accuse lawmakers of sidelining key stakeholders in the legislative process.

“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 people most affected have been ignored,” the petition reads in part.

The petitioners warn that, if passed in its current form, the Bill would have far-reaching economic consequences for small and medium-sized enterprises (SMEs). They cite concerns over duplicative licensing, excessive regulation, and costly approval procedures.

BAHLITA and Retrak further argue that the Bill could unintentionally fuel the illicit trade in tobacco and nicotine products.

“Already, half of Kenya’s cigarette market is illegal. This Bill will only make things worse by driving more products into the black market. It will punish law-abiding traders, eliminate jobs, and deprive thousands of family-owned shops of their livelihoods,” they said.

The petitioners also reminded senators of their duty to protect the interests of the electorate:

“Jobs and livelihoods are at stake. Supporting this Bill in its current form without proper consultations, as envisioned in the Constitution, means turning away from the very communities that elected you.”

The Tobacco Control (Amendment) Bill, 2024 is currently before the Senate at the Committee of the Whole House stage, where amendments are introduced and voted on.

Over recent weeks, small businesses and bar owners across Kenya have consistently voiced concern that the Bill, if enacted without revision, would impose heavy burdens on legal trade while undermining public participation principles.