The Pubs, Entertainment and Restaurants Association of Kenya (Perak) has warned that proposed changes to tobacco and nicotine regulation could increase the cost of doing business and place additional pressure on traders if enacted without broader consultation.
Perak National Chairman Michael Muthami said the association had presented petitions to the National Assembly seeking wider public participation on the Tobacco Control (Amendment) Bill, 2024, particularly over provisions that could have economic implications for businesses operating in the hospitality and entertainment sectors.
Muthami said Perak members were concerned about proposals that could increase operating costs and introduce additional licensing requirements for traders.
“Our members are particularly concerned about proposals that could increase the cost of doing business, create additional licensing requirements for traders, and potentially fuel illicit trade,” Muthami said.
He cited proposed flavour bans on tobacco and nicotine products as among the measures that required further scrutiny before Parliament proceeds with the Bill.
According to Perak, such provisions should be subjected to a deeper assessment of their economic and practical consequences, including their potential impact on legitimate businesses and consumers.
The association said it was not opposed to tobacco regulation but wanted Parliament to strike a balance between public health objectives and the realities faced by businesses, workers, traders and consumers.
“We are not opposed to regulation. We support evidence-based policies that protect public health while also considering the realities facing businesses, workers, traders, and consumers,” Muthami said.
Perak has consequently called for the National Assembly to broaden public participation beyond Nairobi and engage stakeholders across the counties before making decisions on the proposed amendments.
The association said it had submitted petitions from Kenyans drawn from various constituencies through the National Assembly’s Committee on Health as part of efforts to have the views of affected communities considered in the legislative process.
Muthami also urged lawmakers to avoid what stakeholders described as shortcomings in the earlier process at the Senate, insisting that affected Kenyans should have an opportunity to make their views known.
“We ask Members of Parliament to conduct genuine nationwide public participation and give all affected Kenyans an opportunity to be heard before any final decisions are made,” he said.
The association warned that inadequate consultation could result in regulations that impose unintended economic consequences while potentially failing to address the challenges they are designed to tackle.
The Tobacco Control (Amendment) Bill, 2024 would mark the first major amendment to the Tobacco Control Act since 2007, according to Perak.
Muthami said the significance of the proposed changes made inclusive participation necessary to ensure Parliament considers the interests of all affected parties.
“It is therefore critical that Parliament gets it right by ensuring that every voice counts,” he said.
Perak’s intervention comes as Parliament considers proposed changes to tobacco and nicotine regulation, with the association pushing for a process that weighs public health concerns against the potential effects on businesses and livelihoods.
