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Post Reply: Stakeholders Urge Senate to Halt Tobacco Control Bill, Demand Fresh Consultations

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on September 25, 2025, 10:08 am</div><div id="pl-8016"  class="panel-layout" ><div id="pg-8016-0"  class="panel-grid panel-no-style" ><div id="pgc-8016-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-8016-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">A coalition of bar owners, retailers, and traders has launched a strong opposition to a proposed Senate Bill aimed at tightening tobacco regulations in Kenya. The Bars, Hotels and Liquor Traders Association of Kenya (Bahlita), the Retail Trade Association of Kenya (Retrak), and Business Focus have jointly petitioned the Senate to suspend the Tobacco Control (Amendment) Bill and conduct new stakeholder consultations.</p>
<p dir="ltr">On Wednesday, the groups submitted their petition to Senate Clerk Jeremiah Nyegenye, calling for an immediate halt to debates on the Bill, which is sponsored by nominated Senator Catherine Mumma. They argue that the draft law was developed without meaningful public participation and poses a severe threat to small businesses across the country.</p>
<p dir="ltr">The petition, signed by Bahlita chairperson Boniface Gachoka, Retrak chief executive Wambui Mbarire, and Business Focus 2025 head of secretariat Margaret Muthoni, highlights the lack of inclusive dialogue with key stakeholders, including consumers, retailers, and manufacturers. The groups warn that the Bill’s provisions could devastate small and medium-sized enterprises by introducing duplicate licensing requirements, stringent compliance rules, and costly approval processes that many businesses cannot afford.</p>
<p dir="ltr">The petitioners emphasized the human impact of the proposed legislation, noting that small family-owned shops rely on the revenue generated from tobacco and nicotine product sales. They estimate that implementing the Bill could result in a revenue loss exceeding Sh15 billion and fuel the growth of illicit trade in these products. The groups expressed concern that the restrictions would inadvertently strengthen the black market, penalizing law-abiding traders and threatening the livelihoods of thousands of small-scale retailers.</p>
<p dir="ltr">Among the most controversial provisions are clauses that would cap nicotine levels, ban flavors, and restrict access to smokeless tobacco alternatives such as pouches and vapes. The petitioners argue that these products play a critical role in helping Kenya’s estimated 2.6 million adult smokers transition to safer alternatives. Banning them, they contend, would push consumers toward unregulated and potentially dangerous substitutes, undermining public health efforts.</p>
<p dir="ltr">The Bill also proposes prohibiting the sale of tobacco products through hawking, vehicles, or mobile vending, with violators facing fines of up to Sh50,000 or imprisonment for up to six months. The associations argue that such measures would disproportionately harm small traders who depend on flexible vending methods to sustain their businesses.</p>
<p dir="ltr">The petitioners called on senators to prioritize the economic well-being of their constituents, reminding lawmakers of their duty to represent the interests of the Kenyan people. They stressed that advancing the Bill without proper consultation violates the principles of public participation enshrined in the Constitution of Kenya.</p>
<p dir="ltr">The Tobacco Control (Amendment) Bill, which seeks to revise the Tobacco Control Act of 2007, is currently under consideration in the Senate and is approaching the Committee of the Whole House stage, where legislators will have the opportunity to debate and propose amendments. The outcome of this stage will determine whether the concerns raised by stakeholders are addressed or if the Bill moves forward in its current form.</p>
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