Bar, Hotel and Liquor Traders Association of Kenya secretary general Boniface Gachoka gives his views during the public engagement with Departmental Committee on Health on the Tobacco Control (Amendment) Bill 2024/HANDOUTKey stakeholders in the hospitality and entertainment industry have raised reservations over provisions of a legislative proposal seeking to strengthen tobacco control measures and curb diseases linked to nicotine products.
The concerns were raised during an engagement with the National Assembly Departmental Committee on Health on the Tobacco Control (Amendment) Bill, 2024, chaired by Committee Chairperson Dr James Nyikal (Seme) on Wednesday.
The Bill, sponsored by Nominated Senator Catherine Mumma, seeks to amend the Tobacco Control Act, 2007, by introducing stricter regulations on the production, sale, advertising and use of tobacco and nicotine products, including nicotine pouches and electronic cigarettes (vapes).
Officials of the Bar, Hotel and Liquor Traders Association of Kenya (BAHLITA) and the Pubs, Entertainment and Restaurant Association of Kenya (PERAK) were among stakeholders who appeared before the Committee.
In separate submissions, representatives of the two associations said that while their members support efforts to strengthen tobacco control, the measures should not impose punitive costs on traders engaged in legitimate businesses.
BAHLITA Secretary General Boniface Gachoka said the association's main concern was that the proposed licensing and registration framework could create unnecessary duplication for businesses already operating under existing national and county regulatory frameworks.
“If the Bill is passed as it is, it will be unfair to subject traders who are already overburdened with taxes to multiple layers of parallel compliance obligations and costs,” said Gachoka.
He said the requirement for county-specific premises licences across the 47 counties could create market fragmentation, inconsistent fee structures and non-harmonised compliance thresholds, effectively introducing internal trade barriers within a single national market.
PERAK, in its submission, said the hospitality and entertainment sector already operates within an intensive regulatory environment and should not be treated as a primary control point for enforcement of tobacco distribution regulations.
The association said the Bill does not adequately recognise the operational realities of the hospitality and entertainment sector.
“As currently worded, the Bill does not capture the realities of the sector we operate in. Overlapping or misdirected obligations risk creating compliance fatigue, enforcement inefficiency and operational disruption,” the association said in its submission.
Other entities that made submissions and raised objections to sections of the proposed legislation included British American Tobacco, the Retail Trade Association of Kenya, the Kenya Private Sector Alliance, the Kenya Association of Manufacturers and the Kenya National Chamber of Commerce and Industry.
In his remarks, Nyikal thanked the stakeholders for taking time to prepare and present their submissions, saying the Committee would consider their views as it scrutinises the Bill.
He acknowledged concerns raised by private sector players over additional taxation and compliance costs at a time when businesses are already facing multiple regulatory obligations.
“The issue of tobacco control is not only a health matter but also affects trade and industry, and it is also a legal matter. We are happy we have received very detailed submissions from all the sectors,” Nyikal said.
