Nakuru traders demand nationwide public participation on Tobacco Control Bill

The traders argue that key provisions in the Bill, including a proposed ban on flavoured nicotine and tobacco products, could fuel illicit trade and cost the government billions of shillings in lost tax revenue.

Speaking at a press briefing in Nakuru, the traders said the Committee is currently holding closed-door meetings with select stakeholders in Nairobi, which they argued do not reflect the views of Kenyans at large.

They noted that this mirrors a similar process undertaken earlier by the Senate, during which traders say they were never consulted.

"Public participation is not a courtesy that Parliament extends when convenient. It is a constitutional obligation. When traders, the very people whose businesses will be affected by this law, are excluded from the process, that is an affront to a right guaranteed to every Kenyan under the Constitution,” said BAHLITA Secretary General, Boniface Gachoka.

The traders cited Articles 10 and 118 of the Constitution, which respectively list public participation among the national values binding all State organs and place a direct duty on Parliament to facilitate public participation in its legislative process.

Among the traders' chief concerns is a proposal to ban flavours in nicotine and tobacco products. They argue that such a ban would open the market to illicit, untaxed products as consumers seek cheaper alternatives once legitimate flavoured products are pulled from shelves.

This, they say, would undercut compliant businesses, shrink government tax revenue, and ultimately force legitimate enterprises to shut down.

The traders are calling on the Departmental Committee on Health to pause and schedule structured public participation forums before advancing the Bill any further, conduct nationwide public participation to give traders, associations, and other affected stakeholders a genuine chance to air their views, receive and genuinely consider all feedback gathered through these nationwide exercises, and demonstrate, in the final Bill, how public input was considered, as required by the Constitution.

"These are not unreasonable demands. They are the minimum that the law requires, and the minimum that fairness demands," Boniface said, adding that they remain ready to engage with the Committee in good faith.

The calls follow similar demands to Senators last year when the Bill was before the Senate, where traders in the bars and entertainment sector called for wider consultations on the bill.