Traders in Nakuru have called on Parliament to suspend deliberations on the Tobacco Control (Amendment) Bill and embark on a nationwide public participation exercise, arguing that thousands of business owners stand to be affected by proposed changes that have not been adequately discussed with stakeholders.
Speaking under the umbrella of the Bars, Hotel and Liquor Traders Association of Kenya (BAHLITA), the traders said the National Assembly’s Departmental Committee on Health should broaden consultations beyond Nairobi-based meetings to ensure views from across the country are captured before the legislation advances.
According to the traders, the current consultation process risks excluding the very entrepreneurs and businesses that would be directly impacted by the proposed amendments. They argue that meaningful public participation is a constitutional requirement and should not be limited to a select group of stakeholders.
BAHLITA Secretary General Boniface Gachoka said traders have a legitimate right to be involved in discussions surrounding legislation that could significantly affect their livelihoods.
“Public participation is not a favour granted by Parliament but a constitutional obligation. When those whose businesses will be affected are left out of the process, their rights are undermined,” he said.
The traders cited Articles 10 and 118 of the Constitution, which require public participation in governance and legislative processes.
Among their key concerns is a proposal to ban flavoured nicotine and tobacco products. They warned that such a move could unintentionally encourage the growth of illicit trade by driving consumers toward untaxed and unregulated alternatives.
According to the traders, the emergence of a larger illicit market would hurt compliant businesses, reduce government tax collections and place additional pressure on legitimate enterprises already operating in a challenging economic environment.
They further argued that policies affecting an entire value chain should be informed by comprehensive consultations involving traders, industry associations, consumers and other stakeholders from across the country.
The association is now calling on the Health Committee to pause the Bill’s consideration, organize structured public participation forums nationwide and provide affected groups with an opportunity to present their views before any final decisions are made.
The traders also want Parliament to demonstrate how stakeholder feedback has been incorporated into the final legislation, saying transparency in the law-making process is essential to maintaining public trust.
The renewed calls come months after similar concerns were raised when the Bill was under consideration in the Senate, with players in the hospitality and entertainment sectors urging lawmakers to undertake broader consultations before advancing the proposed amendments.
While expressing concern over the current process, the traders maintained that they remain willing to engage constructively with lawmakers to ensure any reforms strike a balance between public health objectives, economic sustainability and constitutional requirements.