Traders demand seat at table as Tobacco Bill advances

A row has emerged over the public participation process for the Tobacco Control (Amendment) Bill, with traders accusing Parliament of locking out businesses that stand to feel the impact of the proposed law before it is passed.

Hoteliers and liquor traders say they have been left out of the planned nationwide consultations on the Bill, arguing that the exercise cannot be considered inclusive if key stakeholders are not given a chance to present their views.

The proposed law, sponsored by nominated Senator Catherine Mumma, seeks to introduce tighter controls on nicotine products, including vapes and nicotine pouches. Among its provisions is a requirement for manufacturers, importers, distributors and sellers of nicotine products to obtain approval from the Cabinet Secretary for Health before conducting business.

The Bill also seeks to regulate electronic nicotine delivery systems, refill containers and nicotine pouches by limiting how they are produced, distributed, marketed, sold and used.

Having been approved by the Senate on March 3, 2026, the legislation is currently under review by the National Assembly Departmental Committee on Health.

Speaking in Nakuru, Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) Secretary-General Boniface Gachoka said members of the association had not received invitations to participate in the hearings despite being among those likely to be affected by the proposed regulations.

According to the traders, the omission raises concerns about whether all views will be adequately considered before lawmakers make a decision on the Bill.

Gachoka further criticised the decision to hold the hearings on June 25, which marks the anniversary of the 2024 Gen Z protests, saying the date could discourage participation and limit attendance by interested parties.

“Public participation is not a courtesy that Parliament extends when convenient. It is a constitutional obligation. When traders, whose businesses will be directly affected by this law, are excluded from the process, that is an affront to a right guaranteed to every Kenyan under the Constitution,” he said.

The association maintained that effective public participation depends on broad representation and sufficient notice to affected groups. It has urged Parliament to reconsider the schedule and create room for all stakeholders to submit their views before the Bill moves to the next stage.