Bar and liquor traders have threatened to move to court if the Senate proceeds with debate on the Tobacco Control (Amendment) Bill, 2024, without wider public consultations.
The traders, operating under the Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA), are calling for a suspension of the Bill at the committee stage.
They argue that the proposed law contains provisions that could hurt their businesses and reduce government revenue.
Speaking in Nakuru, BAHLITA Secretary General Boniface Gachoka said the Senate failed to conduct adequate public participation across counties. He said most hearings were held in Nairobi, leaving out thousands of traders who would be directly affected.
“A law that affects over 54,000 of our members cannot be discussed in Nairobi alone. Our members were not properly consulted,” Gachoka said.
At the centre of the dispute is a proposal in the Bill seeking to ban flavours in nicotine products such as vapes and nicotine pouches. Traders say flavoured products make up a significant portion of sales, and removing them from the legal market will not stop demand.
“If you ban flavoured products, consumers will not stop using them. They will look for them on the black market. That will only grow illicit trade and deny the government taxes,” Gachoka said.
Traders in Mombasa and Eldoret have also voiced opposition over the past week, warning that tighter restrictions without proper enforcement could give illegal dealers an upper hand.
Their concerns come as the Kenya Revenue Authority has acknowledged that a large share of excisable goods in the market, including alcohol and cigarettes, are illicit and do not meet tax and standards requirements.
BAHLITA says it supports the regulation of nicotine and tobacco products but wants a more consultative approach. The association has urged senators to halt proceedings and allow broader stakeholder engagement across counties.
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. The Bill is currently before the Senate for consideration.
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