Traders and business owners from the central region have called on the National Assembly to extend and decentralize public participation on the proposed Tobacco Control (Amendment) Bill 2024, arguing that the current process excludes thousands of stakeholders, who stand to be affected by the legislation.
The proposed bill seeks to introduce stricter regulations on modern nicotine delivery systems and tobacco-related products. The Senate has already passed the legislation and forwarded it to the National Assembly for concurrence.
However, traders now say the scheduled public participation exercise held in Nairobi on June 25 denied many affected stakeholders the opportunity to present their views.
Njuguna Mbogo, speaking on behalf of business operators in Sagana, Kirinyaga County, called for an immediate extension of the public participation period and urged parliament to conduct hearings across the country.
“We demand that public hearings be conducted in all counties and not exclusively in Nairobi. Traders, retailers, hospitality operators, distributors, and other affected sectors must be directly involved in the legislative process,” said Mbogo.
He argued that policymakers should fully consider the economic impact that the proposed amendments could have on businesses, employment, livelihoods, and the overall government revenue.
Mbogo noted that many businesses were already struggling with high taxation, rising operational costs, multiple licensing requirements, insecurity, and declining consumer purchasing power.
“Therefore, any form of legislation that affects the existing businesses must be developed through genuine consultation and informed engagement with those who bear its consequences,” he said.
Representatives from the hospitality industry also raised concerns over the timing of the public participation exercise, noting that it coincided with the Gen Z memorial events held on June 25.
Peter Waweru from the hotel sector said many Kenyans were unable to travel to Nairobi to submit their views because of the Gen Z commemorative activities that were taking place across the country.
“We cannot centralize public participation in Nairobi alone. This bill affects traders across the country, ranging from manufacturers and wholesalers to retailers and hospitality operators,” he said.
Waweru argued that the proposed law could increase the tax burden on businesses dealing with tobacco products and create what he described as double taxation through additional licensing requirements.
“We want the National Assembly to conduct proper public participation in all counties because this legislation affects traders nationwide, not just those in Nairobi,” he added.
On his part, Anthony Mucheke, chairperson of bar owners in Kirinyaga County, said business operators from Embu, Kiambu, Murang’a, Kirinyaga, and Nyeri counties had united to oppose what they termed an inadequate consultation process.
“The bill was processed without sufficient stakeholder engagement. Those of us who will be affected were not adequately involved during its consideration by the Senate,” said Mucheke.
He said traders from the Mt. Kenya region had come together to present their demands to both the National Assembly and county assemblies.
Julius Kihoro, Director of the Pubs, Entertainment, and Restaurants Association of Kenya (PERAK), said meaningful public participation was necessary to ensure that all affected groups contribute to the legislative process.
“Our businesses already operate under many strict regulations. We are not opposed to laws, but we are concerned about how they are to be implemented and how they may affect businesses,” Kihoro said.
He warned that additional taxes and regulations could force some businesses to shut down due to the prevailing economic challenges.
“Given the current economic downturn, adding more taxes to businesses could lead to closures in both the short and long term,” he said.
The traders have now urged the National Assembly, county assemblies, and relevant parliamentary committees to halt further consideration of the bill until a comprehensive public participation is conducted right from the grassroots levels.
They maintained that laws affecting businesses should be developed through inclusive consultations to ensure that the views of all stakeholders are considered.
By Mutai Kipng’etich
