Business owners in Uasin Gishu County, led by the Bar, Hotels and Liquor Traders Association (BAHLITA), have strongly opposed key provisions of the Tobacco Control (Amendment) Bill currently under consideration by the National Assembly’s Departmental Committee on Health, citing concerns over inadequate public participation and the potential economic impact on small businesses.
Addressing the media in Eldoret, the traders argued that the legislative process has failed to adequately involve stakeholders from across the country, warning that decisions made without broad consultation could negatively affect thousands of businesses and livelihoods.
The traders echoed concerns raised by business owners in Nakuru County a day earlier, insisting that public participation is a constitutional requirement rather than a procedural formality.
“We understand the Committee is holding targeted meetings with select stakeholders in Nairobi who do not represent the face of Kenya,” said BAHLITA Uasin Gishu County Chairman Hollian William Lodenyo.
“Articles 10 and 118 of the Constitution clearly require Parliament to facilitate public participation. A law-making process that excludes the very people it seeks to regulate undermines the rights of Kenyans and risks producing laws that do not reflect realities on the ground,” he added.
Read: Nakuru Traders Demand Nationwide Public Participation on Tobacco Bill, Warn of Economic Consequences
Among the provisions attracting opposition is a proposal requiring businesses selling tobacco products to register with county governments. The traders contend that the measure would amount to double licensing, arguing that they already pay multiple permits and levies to operate legally.
“We are already burdened by licenses. We are among the most heavily taxed licensed businesses in this country,” said Lodenyo. “If additional licensing requirements are introduced as proposed, many small businesses will struggle to survive and some will inevitably close.”
The business community also expressed concern over proposals to ban flavours in nicotine and tobacco products, warning that such restrictions could unintentionally fuel illicit trade.
According to the traders, removing flavoured products from the legal market could create demand for unregulated alternatives supplied through illegal channels, undermining legitimate businesses and reducing government tax revenues.
“Banning flavours will open the doors to a flood of illicit products as the market seeks to replace genuine products,” the traders said in a joint statement.
Read Also: KNCCI Warns Tobacco Bill Could Increase Costs, Fuel Illicit Trade
They further warned that increased regulatory burdens could have wider economic consequences across the value chain, potentially leading to job losses among retailers, distributors and other businesses linked to the sector.
“We have millions of workers whose livelihoods depend on this value chain. If these laws add more burdens, businesses will be forced to scale down operations and lay off staff. The impact will be felt by families across the country,” they noted.
The traders are now calling on the National Assembly’s Departmental Committee on Health to suspend deliberations on the Bill and conduct structured nationwide public participation forums to gather views from stakeholders in all counties.
They are also demanding inclusive consultations that provide traders, business associations, farmers and other affected groups with an opportunity to contribute to the legislative process before the Bill proceeds further.
The business community maintained that any amendments to tobacco control laws should strike a balance between public health objectives and the need to protect jobs, businesses and government revenue.
As parliamentary deliberations continue, the traders insist they will not accept being excluded from a process they say will have significant consequences for their future and that of the communities they support.
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