Bar owners in Kisumu County are urging the National Assembly to delay debate on the proposed Tobacco Control (Amendment) Bill, 2024 to allow more time for public participation and consultations.
The operators, under the umbrella of the Kisumu Bar Owners Association (KIBOA), say some of the proposed changes are punitive and could negatively affect their businesses if passed without wider engagement.
KIBOA interim secretary Erick Ogutu said several provisions in the Bill required further discussion, including the proposed restriction on the sale, advertising and distribution of tobacco and nicotine products within 100 metres of schools and other facilities serving children.
“The 100-metre rule is not practical in most urban areas,” Mr Ogutu said during a consultative meeting in Nyando sub county on Tuesday.
He said bar owners had already complied with existing licensing requirements despite high costs and difficult business conditions, arguing that the proposed law introduces additional obligations without explaining how they would work alongside current regulations.
Mr Ogutu also criticised lawmakers for failing to adequately consult businesses outside Nairobi.
“Businesses in Kisumu County are also part of this discussion,” he said, calling for nationwide public participation before the Bill is considered by Parliament.
Mr Ogutu urged legislators to allow businesses enough time to comply with any new regulations before penalties are enforced.
He also called for simpler compliance procedures for small and medium-sized enterprises and clear guidance to ensure the law is implemented consistently across all counties.
Mr Ogutu said effective legislation should balance public health objectives with the practical realities faced by businesses.
“All stakeholders must be involved in the law-making process,” he said.
He also urged the National Assembly to ensure the legislative process remains open, transparent and inclusive, saying all affected groups should have a genuine opportunity to present their views.
KIBOA caretaker chairman Andrew Matoka said good legislation should be based on consultation, evidence and consensus rather than exclusion.
“We are ready to work with the government as long as we are involved,” he said.
Mr Matoka added that the association plans to hold elections soon to establish substantive officials.
The proposed Tobacco Control (Amendment) Bill, 2024 seeks to strengthen regulation of tobacco and emerging nicotine products.
Under the proposals, e-cigarettes, vaping products and oral nicotine pouches would be regulated under the same framework as conventional cigarettes.
The Bill would also ban flavoured tobacco and nicotine products, including fruit, mint and candy flavours, in an effort to discourage young people from taking up smoking.
Other measures include banning online sales and mobile vending of tobacco and nicotine products, as well as restricting their sale, advertising and distribution within a 100-metre radius of schools and other child-focused institutions.
Kenya already enforces several tobacco control measures under the Tobacco Control Act, 2007, including smoke-free public spaces, graphic health warnings, advertising bans, higher tobacco taxes and public awareness campaigns.
The government has also stepped up efforts to tackle illicit tobacco trade, prevent sales to minors and regulate emerging nicotine products through a multi-sectoral taskforce.
Bar owner Juliet Yewa said operators supported efforts to protect public health but warned that some proposals could have unintended consequences for businesses if introduced without sufficient consultation.
“This Bill is going to introduce another licence, yet not every bar owner sells cigarettes,” she said.
She called on lawmakers to engage industry stakeholders before the Bill is debated in Parliament.
KIBOA committee member Bob Andala said the association was seeking at least 90 days to educate members on the proposed changes before collecting their views for submission to Parliament.
He said this would allow bar owners to fully understand the implications of the Bill and participate meaningfully in the legislative process.
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