Nakuru Traders Demand Nationwide Public Participation on Tobacco Bill, Warn of Economic Consequences

Business owners and traders under the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) have called on the National Assembly’s Departmental Committee on Health to suspend deliberations on the Tobacco Control (Amendment) Bill, 2024 and conduct nationwide public participation forums, arguing that the current process has excluded key stakeholders whose businesses stand to be affected by the proposed law.

Speaking during a press briefing in Nakuru, the traders expressed concern that the Committee is currently engaging a limited number of stakeholders through meetings in Nairobi, a process they say does not adequately capture the views of traders and business owners across the country.

The traders noted that similar concerns were raised during the Senate’s consideration of the Bill, when they also called for wider consultations.

BAHLITA Secretary General Boniface Gachoka said public participation is a constitutional requirement and should not be treated as an optional exercise.

“Public participation is not a courtesy that Parliament extends when convenient. It is a constitutional obligation. When traders, the very people whose businesses will be affected by this law, are excluded from the process, that is an affront to a right guaranteed to every Kenyan under the Constitution,” he said.

The traders cited Articles 10 and 118 of the Constitution, which identify public participation as a national value and require Parliament to facilitate public involvement in legislative processes.

A major concern for the traders is the Bill’s proposal to ban flavours in nicotine and tobacco products. They argue that such a move could inadvertently fuel illicit trade by creating demand for untaxed and unregulated alternatives once legitimate products are removed from the market.

According to the association, an increase in illicit trade would undermine compliant businesses, reduce government tax revenue, and expose consumers to products that may not have undergone the necessary quality and safety checks.

The traders warned that legitimate enterprises could suffer significant losses if consumers migrate to cheaper products supplied through illegal channels.

BAHLITA is now calling on the Departmental Committee on Health to halt further consideration of the Bill until comprehensive nationwide public participation forums are conducted. The association wants traders, industry associations, and other affected stakeholders to be given an opportunity to present their views and for Parliament to demonstrate how the feedback received has informed the final legislation.

“These are not unreasonable demands. They are the minimum that the law requires, and the minimum that fairness demands,” Gachoka said, adding that the association remains ready to engage with lawmakers in good faith.

The calls come amid growing debate over the Tobacco Control (Amendment) Bill, 2024, which seeks to introduce new regulatory measures within the tobacco and nicotine products sector.