Traders and business owners from western Kenya have urged Parliament to extend public participation on the Tobacco Control (Amendment) Bill, 2024, arguing that thousands of stakeholders likely to be affected by the proposed law have been left out of the legislative process.
Speaking in Kisumu on behalf of traders, retailers, distributors and hospitality operators, Kisumu Bar Owners Association Chairman, Dan Ouma said the current public participation framework fails to adequately accommodate stakeholders outside Nairobi.
Ouma said consultations conducted in several counties revealed widespread concern among business operators who feel their views have not been sufficiently considered in discussions surrounding the bill currently before Parliament.
“We are not opposed to regulation. We support laws that protect public health and promote responsible business practices. However, we reject any process that seeks to make decisions on our behalf without listening to our voices,” he said while reading a joint statement on behalf of business owners and traders.
He maintained that the Constitution requires meaningful public participation and not a mere procedural exercise aimed at satisfying legal requirements.
The traders accused both the Senate and the National Assembly of failing to sufficiently engage business owners and other actors within the tobacco value chain despite the potential economic implications of the proposed amendments.
According to Ouma, consultations held in Kisumu, Homa Bay, Siaya, Bungoma, Kirinyaga, Nyeri, Kiambu, Mombasa and Trans Nzoia counties revealed growing concerns among traders who believe their views have been overlooked.
The group particularly faulted plans by the National Assembly Health Committee to conduct a public hearing on the Bill exclusively in Nairobi, saying the arrangement effectively excludes many stakeholders who lack the resources to travel and present their views.
“Nothing about us should be decided without us,” Ouma said.
The traders are demanding an extension of the public participation period, county-based hearings across the country and virtual participation mechanisms to ensure broader stakeholder engagement.
They also want traders, retailers, distributors and hospitality operators directly involved in discussions on the proposed law.
The traders further called on lawmakers to consider the potential impact of the amendments on businesses, employment, livelihoods and government revenue.
The group also raised concerns over the scheduling of the public hearing on June 25, noting that the date coincides with the anniversary of the 2024 Gen Z-led protests.
“This is a day that has become associated with civic engagement, constitutional rights awareness and the voices of young people demanding justice and to be heard.
Scheduling such an important hearing on this day risks limiting participation and overlooks the significance many Kenyans attach to it, particularly young people commemorating their peers who died during the 2024 demonstrations,” the statement said.
The traders warned that hundreds of thousands of businesses across the country are already grappling with high taxation, rising operational costs, multiple licensing fees, insecurity and declining consumer purchasing power.
“Any legislation affecting the business environment must be developed through genuine consultation and informed engagement with those who will ultimately bear its consequences,” they said.
The Tobacco Control (Amendment) Bill, 2024, currently under consideration in Parliament, seeks to strengthen regulation of tobacco and nicotine products in Kenya, including electronic nicotine delivery systems such as vapes and nicotine pouches.
Among its proposals are stricter controls on the manufacture, importation, distribution and sale of nicotine products, tighter restrictions on advertising and promotion, particularly on digital platforms and social media, and a requirement that such products obtain prior approval from the Cabinet Secretary for Health before being sold in the country.
The bill also seeks to strengthen measures preventing the sale of tobacco and nicotine products to persons under 18 years amid concerns over the growing use of emerging nicotine products among young people.
According to its sponsors, the amendments are intended to enhance public health protections and address regulatory gaps that have allowed new nicotine products to enter the market with limited oversight.
by Dorothy Pamella
