PERAK Petitions Parliament for Nationwide Public Participation on Tobacco Bill

Businesses under the Pubs, Entertainment and Restaurants Association of Kenya (PERAK) have petitioned the National Assembly to conduct nationwide public participation on the Tobacco Control (Amendment) Bill, 2024, describing the current engagement process as inadequate and exclusionary.

The businesses presented signed petitions to the National Assembly on behalf of Kenyans from various constituencies who are demanding that the Bill be subjected to physical and nationwide public participation forums to allow affected stakeholders and members of the public to express their views on the proposed amendments.

The petition follows growing concerns from traders and business owners across the country who have criticized some provisions in the Bill and called on Parliament to take public participation engagements beyond Nairobi and into local communities.

The calls also mirror concerns raised during the Bill’s consideration in the Senate last year, when traders from the retail and entertainment sectors urged lawmakers to broaden stakeholder consultations to ensure greater public involvement in the legislative process.

Sponsored by nominated Senator Catherine Mumma, the Tobacco Control (Amendment) Bill, 2024 was first introduced in the Senate, where it was debated and passed before being forwarded to the National Assembly for concurrence. The Bill is currently under consideration by the National Assembly’s Departmental Committee on Health ahead of debate in the House.

The proposed legislation seeks to amend the Tobacco Control Act by establishing a legal and regulatory framework for emerging nicotine and tobacco products, including vapes and oral nicotine pouches.

However, several provisions in the Bill have attracted criticism from industry players, consumers and traders, who argue that they were not adequately consulted during the Senate’s consideration of the legislation.

Speaking after presenting the petitions, PERAK National Chairman Michael Muthami said businesses within the association feel their views have been overlooked and warned that the Bill, if passed in its current form, could have significant consequences for traders and businesses.

“We are asking members of the National Assembly’s Committee on Health to heed our call and ensure there is nationwide public participation on the Tobacco Control (Amendment) Bill, 2024, to give all Kenyans who may be affected by the proposals an opportunity to share their views and submissions,” said Muthami.

“If passed in its current form, the Bill will have serious consequences for our members’ businesses and could ultimately achieve the opposite of its intended objectives. We urge the National Assembly, through the Committee on Health, not to repeat the shortcomings of the Senate process but instead engage Kenyans in an open, transparent and inclusive national conversation on the Bill.”

Muthami emphasized that businesses are not opposed to regulation but are advocating for a consultative approach.

“We support evidence-based policies that protect public health while also taking into account the realities facing businesses, workers, traders and consumers. However, effective policies can only emerge from a process that is open, transparent and inclusive.”

Stakeholders have particularly raised concerns over proposals to ban flavours in tobacco and nicotine products, including cigarettes, vapes and nicotine pouches. They argue that such restrictions could strengthen the illicit market, undermining legitimate businesses and reducing government revenue.

Concerns have also been raised over provisions requiring businesses that sell tobacco products to obtain specific licences from county governments. Traders contend that the requirement would amount to double taxation, noting that they already pay for county business permits, and warn that it could increase the cost of doing business.

The Tobacco Control (Amendment) Bill, 2024 represents the first major review of the Tobacco Control Act since its enactment in 2007. The Act established a broad framework for regulating tobacco products and the tobacco industry in Kenya.

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