Bar owners want Parliament to stop the ongoing public participation exercise on the Tobacco Control (Amendment) Bill, 2024, and expand it beyond Nairobi, even as they oppose several provisions they say could raise the cost of business and fuel illicit trade.
The Pubs, Entertainment and Restaurants Association of Kenya (Perak), a lobby, said the Departmental Committee on Health is conducting a targeted and limited public participation exercise that excludes many businesses and Kenyans who would be affected by the proposed law.
‘A public participation exercise limited to Nairobi and to a select few cannot be said to have accorded the people of Kenya a reasonable opportunity to be heard,’ Perak said in a petition to the committee.
The proposed law would introduce several new restrictions, including mandatory licensing by county governments for dealers in tobacco and nicotine products.
Perak said the requirement would create a duplicate layer of regulation for businesses already subject to national licensing requirements, increasing compliance costs and administrative bottlenecks.
It also opposed a proposed 100-metre restriction on the sale of tobacco products, saying it would be impractical in densely populated urban and mixed-use areas.
‘It would render lawful businesses unable to trade, with no clear justification or transitional relief, and would push consumers toward unregulated and illicit sellers,’ the association said.
Perak further objected to proposed plain packaging requirements and a ban on flavours, arguing that the measures could make it harder for consumers and traders to distinguish genuine, duty-paid products from counterfeit and illicit ones.
The concerns echo those raised by manufacturers and other business groups over the Bill.
The Kenya Association of Manufacturers (KAM) warned that mandatory county licensing would duplicate existing regulatory requirements and increase the cost of doing business while creating opportunities for illicit trade.
‘Layering multiple licensing requirements at both national and county levels is likely to result in inconsistent enforcement, regulatory uncertainty and barriers to formal trade,’ KAM said in its submission to Parliament.
The Kenya National Chamber of Commerce and Industry has similarly warned that parallel approval regimes could increase compliance costs and fragment enforcement.
The dispute also highlights the wider problem of overlapping regulatory mandates between national and county governments.
The Constitution assigns counties responsibility for trade development and regulation, including trade licences, while the national government retains responsibility for health policy.