Businesses petition National Assembly for public participation on Tobacco Control Bill

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 scrutinise the proposed amendments and submit their views.

The petition comes amid growing concerns among traders and business owners over provisions in the Bill, with stakeholders urging Parliament to extend consultations beyond Nairobi and engage communities directly.

Similar concerns were raised during the Bill's consideration in the Senate last year, when traders in the retail and entertainment sectors called for broader stakeholder consultations to ensure greater public involvement in the legislative process.

Sponsored by nominated Senator Catherine Mumma, the Tobacco Control (Amendment) Bill, 2024 was first introduced in the Senate, where it was debated and passed before being forwarded to the National Assembly for consideration.

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, several provisions have drawn criticism from industry players, consumers and traders, who contend that they were not adequately consulted during the Bill's consideration in the Senate.

Speaking after presenting the petitions, PERAK National Chairman Michael Muthami said businesses affiliated with the association felt their concerns had not received adequate consideration and warned that the Bill could have significant implications for traders if enacted 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," Muthami said.

"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."

"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," he said.

One of the key areas of concern is a proposal to ban flavours in tobacco and nicotine products, including cigarettes, vapes and nicotine pouches.

Industry stakeholders argue that such restrictions could drive consumers towards illicit products, undermine legitimate businesses and reduce government tax revenues.

Traders have also raised concerns over a proposed requirement for businesses dealing in tobacco products to obtain specific licences from county governments.

They argue that the requirement could amount to an additional financial burden, noting that businesses already pay county business permit fees. They warn that additional licensing requirements could increase the cost of doing business and place further pressure on legitimate traders.

The Tobacco Control (Amendment) Bill, 2024 is the first major proposed review of the Tobacco Control Act since its enactment in 2007. The Act established the legal framework for regulating tobacco products, consumption and the tobacco industry in Kenya.

With the Bill now before the National Assembly's Health Committee, stakeholders are calling for wider public participation before Parliament proceeds with further consideration of the proposed amendments.