A section of hospitality traders in Kisumu County has opposed a proposal to raise the minimum age for purchasing tobacco and nicotine products from 18 to 21 years, questioning the practicality and enforcement of the proposed measure.
Speaking on the sidelines of a public participation exercise on the Tobacco Control (Amendment) Bill in Kisumu on Saturday, the traders said the proposal lacked clarity on how it would be implemented and enforced.
The proposal emerged during a stakeholders’ engagement forum held in Nairobi earlier in the week by the National Assembly Committee on Health, where some stakeholders backed increasing the minimum age for purchasing nicotine products.
Committee Chairperson Dr James Nyikal said there appeared to be broad agreement among stakeholders on the proposal.
“There has been a lot of concurrence among the stakeholders on issues such as increasing the age of consent to purchase nicotine products from 18 to 21. We are happy as a committee because this will give us less work when we start considering the submissions,” he said.
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However, speaking in Kisumu, Dan Ouma, Chairperson of the Pubs, Entertainment and Restaurants Association of Kenya (PERAK) in Kisumu, questioned how the proposed age limit would be enforced.
“They are trying to raise the smoking age limit from 18 years to 21 years. We are here to tell them that it is not possible because the implementation of the proposal is unclear,” Ouma said.
He questioned whether consumers would be required to produce identification documents before purchasing tobacco and nicotine products and whether additional identification measures would be necessary.
“Does it mean that consumers now must produce ID cards before purchasing these products? Do we need to have people issued with new IDs? It is not clear how they intend to do this,” he said.
The traders also raised concerns over a proposal in the Bill to restrict the sale of tobacco and nicotine products within a 100-metre radius of places frequented by children.
According to the traders, existing tobacco-control regulations already provide for designated smoking areas and other measures intended to address exposure to tobacco smoke.
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They further opposed a proposal requiring businesses dealing in tobacco products to obtain specific county licences, arguing that the requirement would increase the cost of doing business.
The traders said businesses already pay for single business permits and questioned the need for an additional tobacco-specific licence.
The Tobacco Control (Amendment) Bill seeks to amend the Tobacco Control Act, 2007, and introduce additional measures governing tobacco and emerging nicotine products.
The National Assembly Committee on Health concluded its public participation exercise on Saturday, with the final sessions held in Kisumu and Nanyuki.
The committee will now compile submissions received from stakeholders and members of the public across the country before preparing its report for consideration by the National Assembly.
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