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Boniface Gachoka, Secretary General- Bar, Hotels and Liquor Traders Association of Kenya (BAHLITA)/courtesy

Kenya

Traders urge Senate to halt Tobacco Bill, threaten legal action

The bill, currently at the committee stage in the Senate, has drawn opposition from traders in Mombasa and Eldoret over the past week. Business owners argue that some of the proposed provisions could hurt their operations and reduce revenues.

NAIROBI, Kenya, Feb 11 – Traders under the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) have urged the Senate to suspend debate on the Tobacco Control (Amendment) Bill, 2024, calling for wider public consultations and warning of possible legal action.

The bill, currently at the committee stage in the Senate, has drawn opposition from traders in Mombasa and Eldoret over the past week. Business owners argue that some of the proposed provisions could hurt their operations and reduce revenues.

Speaking in Nakuru, BAHLITA Secretary General Boniface Gachoka faulted the Senate for what he termed limited public participation, saying hearings were largely confined to Nairobi instead of being conducted across counties. He said the association’s 54,000 members were not adequately consulted on a bill that directly affects their businesses.

Traders have particularly opposed a proposal to ban flavours in nicotine products, arguing that such a move would fuel illicit trade as consumers seek alternatives in the black market. They contend that a ban would disadvantage legitimate businesses and reduce tax collections.

BAHLITA has called on senators to halt proceedings and allow further consultations, warning that failure to do so could push the association to seek legal redress. The traders say they support regulation but want a more consultative process to address concerns around illicit nicotine and tobacco products.

The debate comes as the Kenya Revenue Authority has acknowledged that more than half of excisable goods in the market — including alcohol and cigarettes — are illicit and do not meet tax and standards requirements.

The Tobacco Control (Amendment) Bill, 2024, sponsored by nominated Senator Catherine Mumma, seeks to tighten regulation of the production, sale and advertisement of nicotine products, including vapes and nicotine pouches.

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