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 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 give affected stakeholders and members of the public an opportunity to submit their views on the proposed amendments.
The petition comes amid concerns from traders and business owners over provisions in the Bill, with stakeholders calling on Parliament to extend consultations beyond Nairobi and engage communities across the country.
Similar concerns were raised during the Bill’s consideration in the Senate last year, when traders in the retail and entertainment sectors urged lawmakers to broaden stakeholder consultations.
Sponsored by nominated Senator Catherine Mumma, the Tobacco Control (Amendment) Bill, 2024 was 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 consideration by 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.
However, industry players, consumers and traders have raised concerns over several provisions, arguing that they were not adequately consulted during the Senate’s consideration of the Bill.
Speaking after presenting the petitions, PERAK National Chairman Michael Muthami said businesses within the association feel their views have been overlooked and warned that the Bill could have significant consequences for traders if passed in its current form.
“We are asking members of the National Assembly’s Committee on Health to heed our call and ensure there is nationwide public participation on the Tobacco Control (Amendment) Bill, 2024, to give all Kenyans who may be affected by the proposals an opportunity to share their views and submissions,” said Muthami.
“If passed in its current form, the Bill will have serious consequences for our members’ businesses and could ultimately achieve the opposite of its intended objectives. We urge the National Assembly, through the Committee on Health, not to repeat the shortcomings of the Senate process but instead engage Kenyans in an open, transparent and inclusive national conversation on the Bill.”
Muthami said businesses were not opposed to regulation but wanted a more consultative approach to the proposed changes.
“We support evidence-based policies that protect public health while also taking into account the realities facing businesses, workers, traders and consumers. However, effective policies can only emerge from a process that is open, transparent and inclusive.”
Concerns Over Flavour Ban
Stakeholders have particularly raised concerns over proposals to ban flavours in tobacco and nicotine products, including cigarettes, vapes and nicotine pouches.
They argue that the restrictions could drive consumers towards illicit products, potentially hurting legitimate businesses and government revenue.
Traders have also raised concerns over a proposal requiring businesses selling tobacco products to obtain specific licences from county governments.
They contend that the requirement could increase the cost of doing business, arguing that traders already pay county business permit fees.
The Tobacco Control (Amendment) Bill, 2024 would introduce the first major review of the Tobacco Control Act since its enactment in 2007.
The 2007 Act established the legal framework for regulating tobacco products and the tobacco industry in Kenya.
