Tobacco Bill Debate: Why Traders Want Kenyans to Have a Bigger Say
A new debate around Kenya’s proposed tobacco control law is putting an old but important question back in the spotlight: who gets to have a say when a law is being made?
Business owners under the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) are asking Parliament to give Kenyans more opportunities to weigh in on the Tobacco Control (Amendment) Bill, 2024.
Their concern is not simply about the proposed restrictions. They say the people who will have to deal with the changes every day including traders, retailers and other businesses should be part of the conversation before Parliament makes its final decisions.
The debate has become more relevant as the Bill moves through Parliament, with stakeholders raising questions about everything from nicotine products and flavours to licensing, enforcement and the possibility of increased illegal trade.
Why traders are asking for more public participation
For someone following the debate from a distance, the Tobacco Control Bill may sound like another piece of legislation being discussed in Parliament.
But for a shop owner, bar operator, hotelier or retailer, changes to the rules can have a direct impact on how they run their business.
BAHLITA says its members should therefore be given an opportunity to explain what the proposed changes could mean on the ground.
The association represents more than 54,000 traders across the country, according to recent statements from its Secretary General Boniface Gachoka.
The group argues that public participation should not be limited to meetings in Nairobi or consultations with a small group of stakeholders. It wants wider engagement across the country so that people affected by the proposed law can make their views known.
That call comes as similar concerns have been raised by traders in different parts of the country.
What is the Bill trying to change?
The Tobacco Control (Amendment) Bill, 2024 seeks to update Kenya’s tobacco control laws to cover newer nicotine products, including vapes and nicotine pouches.
It also proposes tighter controls around the production, sale, advertising and use of tobacco and nicotine products.
Some of the proposed restrictions have attracted particular attention, including plans to restrict or ban certain flavours in nicotine products.
Supporters of stronger controls argue that tighter regulation is important, particularly when it comes to protecting young people from products that could encourage nicotine use.
Traders, however, have raised concerns about what could happen if legal products become harder to access.
The concern about the black market
One of the biggest issues raised by BAHLITA is illicit trade.
The association argues that if certain products are pushed out of the legal market without addressing consumer demand, illegal sellers could fill the gap.
That could create problems for both businesses and consumers.
A customer looking for a product may simply turn to an unregulated source, while a legitimate shop that follows the rules could lose business.
There are also concerns about lost tax revenue and the difficulty of controlling products that enter the market outside the formal system.
This is why traders are calling for the legislation to look beyond simply adding more restrictions.
They want Parliament to consider how the rules would actually work once they reach shops, bars, hotels and other businesses across the country.
It is not just a business conversation
The discussion also touches on something much bigger than the tobacco industry: how Kenya makes laws that affect everyday life.
Public participation is part of Kenya’s constitutional framework. Article 10 recognises public participation as one of the country’s national values, while Article 118 requires Parliament to facilitate public participation in its legislative work.
For BAHLITA, that means affected communities should not simply hear about a law after the major decisions have already been made.
The association wants the National Assembly to keep the process open and allow different groups to present their experiences and concerns.
Finding the middle ground
There are clearly different interests involved.
There is the need to protect young people and public health.
There is the need to regulate newer nicotine products that were not fully covered by Kenya’s older tobacco laws.
And there is the reality of thousands of businesses that operate within the legal economy and depend on regulated products and customers for their livelihoods.
Finding a solution that takes all these concerns seriously will not be easy.
But that may be exactly why wider conversations are important.
The debate does not have to be about choosing between public health and business interests. It can also be about finding rules that protect people, make enforcement practical and prevent legitimate businesses from being pushed aside by illegal operators.
What happens next?
The Tobacco Control (Amendment) Bill has already generated strong reactions from different sides of the debate and continues to attract attention as it moves through Parliament.
BAHLITA is now asking lawmakers not to repeat what it describes as limited consultation during the earlier stages of the Bill.
For ordinary Kenyans, the bigger lesson may be that public participation is not only about showing up at a meeting.
It is about having the opportunity to explain how a proposed law could affect your work, your business, your community or your everyday life and knowing that someone is listening.
As Parliament considers the next steps on the Tobacco Control Bill, many traders are hoping their voices will be part of that conversation this time around.
