Business operators in Eldoret oppose Tobacco Bill, demand wider public participation

The traders are raising the alarm over a lack of inclusive public participation, warning that some of the proposed legislation, if passed in its current form, will have devastating economic consequences for thousands of small businesses. 

Echoing sentiments from similar sentiments shared by Nakuru business owners yesterday, the Eldoret City traders emphasized that public participation is not a courtesy but a constitutional mandate. 

"We understand the Committee is holding targeted meetings with select stakeholders in Nairobi who do not represent the face of Kenya," BAHLITA Chairman for Uasin Gishu County, Hollian William Lodenyo noted. 

"Articles 10 and 118 of our Constitution make it clear that Parliament has a direct duty to facilitate public participation. A law-making process that excludes the very people it will govern is an affront to our rights."

The traders also highlighted a proposal in the bill requiring businesses selling tobacco to register with their county governments. They argued this constitutes double taxation, noting they already pay various permits for business registration.

  "We are already burdened by licenses. We are the most heavily taxed licensed people in this country," Lodenyo stated. "If they add more licensing requirements as proposed, many businesses will simply be forced to close."

Beyond the licensing issues, the traders are particularly concerned about the proposal to ban flavors in nicotine and tobacco products. They warn that such a move will immediately trigger a surge in illicit trade.

"Banning flavors will open the doors to a flood of illicit products as the market seeks to replace genuine products," the traders warned.  "This leads to legitimate businesses losing out to untaxed, unregulated products, costing the government billions in lost revenue. We have millions of workers whose livelihoods depend on this value chain. If these laws add more burdens, we will have to lay off people. How many families will suffer?"

The business community is demanding that the National Assembly’s Committee on Health to pause the Bill and schedule structured, nationwide public participation forums.; conduct inclusive consultations that give traders, associations, and farmers a chance to air their views; and to genuinely consider feedback from stakeholders across all counties, not just Nairobi-based groups.

The traders maintain that they will not be an afterthought in a legislative process that determines their future.