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Bar Owners and Retailers Oppose Tobacco Law Amendment Bill

A proposed amendment to Kenya’s tobacco law is stirring heated reactions, with bar owners and retailers warning that it could cripple businesses and worsen illicit trade.

The Tobacco Control (Amendment) Bill, 2024, sponsored by ODM nominated Senator Catherine Mumma, seeks to revise the Tobacco Control Act of 2007. The Bill introduces stricter measures on the production, sale, advertising, and use of nicotine products, including synthetic pouches and vapes. Proponents argue the amendment is aimed at strengthening regulation of emerging nicotine products, which are growing popular among young people.

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However, the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) has formally petitioned the Senate to halt debate on the Bill. The lobby group says the process lacked adequate public participation and insists that traders who are directly affected by the law have not been sufficiently consulted. According to the association, the changes could lead to massive job losses in the hospitality and retail sectors, which employ thousands across the country.

BAHLITA further warns that the proposed law would introduce duplicative licensing requirements and complex approval procedures. They argue that such layers of regulation would weigh heavily on small and medium-sized businesses, many of which are already struggling to remain afloat in a tough economic climate.

The group also raises concern that overregulation could fuel illicit trade, which already accounts for nearly half of cigarette sales in Kenya. They caution that pushing consumers into the black market would not only hurt legal traders but also reduce government tax revenues.

The Senate has yet to make a decision on the petition, but the proposed amendment is already shaping up to be one of the most divisive legislative debates in the tobacco industry in recent years.