Liquor Traders Oppose Tobacco Amendment Bill Over Licensing Concerns

By Elijah Cherutich

Liquor traders and hospitality operators have questioned the transparency of the Senate’s handling of the Tobacco Amendment Bill 2024, claiming their proposals were ignored despite submitting more than 7,000 emails during the consultation process.

The Bar, Hotels and Liquor Traders Association of Kenya (BHALITA) said the concerns raised by industry players were not reflected in the proposed legislation, even as Parliament continues considering reforms aimed at strengthening regulation of tobacco and emerging nicotine products.

Speaking in Nakuru, BHALITA Secretary-General Boniface Gachoka accused lawmakers of sidelining key stakeholders in a process that he said should have accommodated wider industry participation.

The association also faulted the scheduling of public participation on June 25, arguing that the date coincides with planned Gen Z anniversary commemorations and could significantly limit attendance by stakeholders and members of the public.

“Why did the committee set the public participation on the day Gen Z is commemorating their day? Is there good intention to allow robust public participation from the public or is there a sinister motive?”, he questioned.

Gachoka said only 10 members of the association had been invited to participate in the exercise, a move he argued undermines the objective of collecting comprehensive views from a sector that will be directly affected by the proposed law.

He maintained that BHALITA supports efforts to regulate tobacco and nicotine products but opposed provisions that could introduce additional licensing requirements for businesses already operating under county-issued single business permits.

According to the traders, creating a separate licensing framework would increase the regulatory burden on operators without necessarily improving compliance or consumer protection.

The Tobacco Control (Amendment) Bill, 2024, sponsored by nominated senator Catherine Mumma, seeks to update Kenya’s tobacco control laws and expand regulation to emerging nicotine products such as vapes and nicotine pouches. The proposed legislation introduces stricter controls on manufacturing, importation, advertising, sale and use of nicotine products while seeking to close regulatory gaps not covered under the Tobacco Control Act of 2007.

Public health advocates have backed the Bill, arguing that it is necessary to protect young people from nicotine addiction and regulate rapidly evolving products that have entered the market faster than existing laws can address. Health groups have recently urged Parliament to fast-track the legislation, saying it would strengthen protections for children and adolescents while improving product standards.

However, Gachoka warned that excluding stakeholders from meaningful consultations could undermine the effectiveness of the proposed law.

He argued that a non-transparent process could inadvertently encourage the growth of illicit cigarette trade, contrary to the Bill’s stated objective of enhancing regulation and ensuring product standards.

“The conduct of the committee in a way that is not transparent will only worsen the situation of illicit cigarettes instead of regulating and ensuring standards are maintained,” he said.

The association’s concerns mirror objections previously raised by traders and business groups in other parts of the country, who have argued that some provisions of the Bill could hurt legitimate businesses and push consumers towards unregulated products.

The Bill has been under consideration in Parliament for nearly two years and has attracted both strong support from public health organisations and opposition from sections of the business community, highlighting the competing interests between public health objectives and commercial concerns.