Traders Demand Wider Public Participation on Tobacco Control Amendment Bill
Business owners, traders, retailers, distributors, and hospitality operators have called for broader public participation in the ongoing legislative process surrounding the Tobacco Control (Amendment) Bill, 2024, arguing that stakeholders likely to be affected by the proposed law have not been adequately consulted.
In a joint statement issued on June 22, business representatives from Kenya’s Mountain region expressed concern over what they described as limited engagement with traders and entrepreneurs during consultations on the proposed amendments.
The group said discussions held in counties including Mombasa, Kisumu, Homa Bay, Kiambu, Siaya, Bungoma, Kirinyaga, Trans Nzoia, and Nyeri revealed widespread concerns among stakeholders regarding their involvement in the legislative process.
While affirming support for regulations that promote public health and responsible business practices, the traders argued that laws affecting businesses should be developed through extensive consultations with those directly impacted.
Concerns Over Public Participation Process
The business community particularly questioned the decision by the National Assembly’s Health Committee to conduct public hearings on the Bill in Nairobi only.
According to the traders, the proposed legislation carries nationwide implications and therefore requires broader engagement mechanisms that allow participation from stakeholders across all counties.
They argued that many traders, retailers, hospitality operators, and small business owners may be unable to travel to Nairobi to present their views, potentially limiting the diversity of perspectives considered during the legislative process.
“Public participation cannot be called public participation when the majority of affected stakeholders are unable to access it,” the statement noted.
The group further raised concerns about the timing of the hearing, which is scheduled for June 25, saying the date holds particular significance for many Kenyans, especially young people, due to its association with civic engagement and constitutional rights discussions.
Calls for Inclusive Engagement
The traders are now seeking an extension of the public participation period and the introduction of additional engagement channels to facilitate broader stakeholder involvement.
Among their key proposals are county-based hearings, virtual participation platforms, and direct consultations with business sectors that may be affected by the proposed amendments.
They also urged lawmakers to conduct a comprehensive assessment of the Bill’s potential economic implications, including its impact on businesses, employment, livelihoods, and government revenue.
The group noted that many businesses are already grappling with multiple challenges, including high operating costs, taxation pressures, licensing requirements, and reduced consumer spending.
“As traders and business owners, we support inclusive governance and meaningful public participation. We believe laws should be developed with the people and not imposed on the people,” the statement said.
Balancing Public Health and Economic Interests
The Tobacco Control (Amendment) Bill, 2024 seeks to strengthen Kenya’s tobacco control framework as part of broader public health efforts aimed at reducing tobacco-related harm.
However, the latest concerns from traders highlight the ongoing debate over how public health objectives can be balanced with economic considerations affecting businesses operating within the sector.
The business owners have called on the National Assembly’s Health Committee and other relevant institutions to expand stakeholder engagement before proceeding with the Bill’s next stages.
The proposed legislation continues to attract interest from public health advocates, policymakers, business groups, and other stakeholders as discussions on its provisions move forward.
