Traders Demand Wider Public Participation on Tobacco Control Amendment Bill

Businesses under the Pubs, Entertainment and Restaurants Association of Kenya (PERAK) have petitioned the National Assembly to conduct nationwide public participation on the Tobacco Control (Amendment) Bill, 2024, saying the current engagement process is inadequate and exclusionary.

The businesses presented signed petitions to the National Assembly on behalf of Kenyans from various constituencies, calling for physical public participation forums across the country to allow affected stakeholders and members of the public to express their views on the proposed amendments.

The petition comes amid growing concerns from traders and business owners over provisions contained in the Bill, with stakeholders calling on Parliament to extend public participation beyond Nairobi and engage communities across the country.

The concerns echo those raised during consideration of the Bill in the Senate last year, when traders in the retail and entertainment sectors called for broader consultations before the legislation proceeds.

Sponsored by nominated Senator Catherine Mumma, the Tobacco Control (Amendment) Bill, 2024 was first introduced in the Senate, where it was debated and passed before being forwarded to the National Assembly for concurrence.

The Bill is currently before the National Assembly’s Departmental Committee on Health ahead of debate in the House.

The proposed legislation seeks to amend the Tobacco Control Act by establishing a legal and regulatory framework for emerging nicotine and tobacco products, including vapes and oral nicotine pouches.

Speaking after presenting the petitions, PERAK National Chairman Michael Muthami said businesses within the association felt their views had not been adequately considered.

Muthami urged the National Assembly’s Health Committee to facilitate nationwide public participation to allow Kenyans who may be affected by the proposed amendments to make submissions.

He warned that passing the Bill in its current form could have significant consequences for businesses and potentially undermine some of its intended objectives.

PERAK maintains that businesses are not opposed to regulation but want the legislative process to be consultative, transparent and informed by evidence.

Among the key concerns raised by stakeholders are proposals to ban flavours in tobacco and nicotine products, including cigarettes, vapes and nicotine pouches.

Industry players argue that such restrictions could encourage the growth of the illicit market, potentially affecting legitimate businesses and government revenue.

Traders have also raised concerns over a proposed requirement for businesses selling tobacco products to obtain specific licences from county governments.

They argue that the additional licensing requirement could amount to double taxation, as businesses already pay county government business permits, and could further increase the cost of doing business.

The Tobacco Control (Amendment) Bill, 2024 represents the first major review of the Tobacco Control Act since it was enacted in 2007.

The existing Act established the legal framework for regulating tobacco products and the tobacco industry in Kenya.