Small-scale business operators in Mombasa have raised concerns over the Tobacco Control Amendment Bill, 2024, saying the proposed law will negatively impact their livelihoods if enacted in its current form.
The Bill, introduced in the Senate by nominated Senator Catherine Mumma in August 2024, seeks to further regulate the production, sale, advertising, and use of tobacco and nicotine products, including vapes and nicotine pouches.
It proposes measures such as banning hawking and mobile vending of tobacco products, prohibiting online sales and advertising, and outlawing flavored nicotine products.
Violators would face fines ranging from fifty thousand to five hundred thousand shillings or imprisonment of up to three years.
Speaking to the press in Mombasa, Faith Mwende, the chairperson of bar owners in Mombasa, said traders were not consulted during the drafting of the Bill, which she described as unconstitutional.
“Public participation was not carried out, yet the Constitution is clear that sovereignty belongs to the people. We were not involved as stakeholders, and this Bill only favors large-scale traders at the expense of small businesses,” she stated.
On her part, Cindy Mwethya, a retailer from Bamburi, said that some provisions would encourage illicit trade and deny legitimate business owners’ opportunities to operate legally.
She also warned that banning flavored nicotine products would push consumers to the black market.
“This will flood the market with illicit products while the government loses revenue and licensed traders are forced to close shop,” she said.
The traders also opposed a clause granting county governments powers to impose additional licenses on tobacco sellers. They argued that this contradicts the single business permit system and could expose them to double taxation and harassment from officials.
They urged the Senate to suspend further debate on the Bill until comprehensive public participation is conducted across all counties. “We ask our leaders to stand with small traders and ensure the Bill is either withdrawn or amended to protect our livelihoods,” Mwende said.
By Sitati Reagan and Hadrine Joyce
