Stakeholders at a Public Participation Forum on the Tobacco Control (Amendment) Bill in Eldoret on September 25, 2026/HANDOUT
Stakeholders in Uasin Gishu County have called on Parliament to ensure proposed changes to the tobacco law balance public health concerns with the interests of businesses and livelihoods.
The stakeholders spoke in Eldoret City on Friday during the second day of public participation on the Tobacco Control (Amendment) Bill being conducted by the National Assembly Committee on Health.
They raised concerns about several proposals in the Bill, saying some could increase the cost of doing business if passed in their current form.
Among the proposals they questioned is a requirement for businesses dealing in tobacco products to obtain a specific licence from county governments.
The Bill proposes a new provision in the Tobacco Control Act stating that “A person intending to manufacture, distribute, store, sell or in any other way deal in tobacco products shall obtain a licence from the respective county executive committee member”.
Stakeholders said the proposed licensing requirement could increase bureaucracy and costs for small businesses.
They also argued that the requirement could amount to double taxation because businesses already pay licence fees for their single business permits.
Another proposal that drew concern is one seeking to restrict the sale of tobacco products within 100 metres of places primarily serving people under the age of 18.
The Bill states: “A person shall not sell a tobacco product within a radius of one hundred metres from any place primarily serving persons under the age of eighteen years.”
Stakeholders said enforcing the proposed restriction would be difficult given the current level of urbanisation in the country.
BAT Kenya Senior Regulatory Affairs Manager Billy Tsuma said the tobacco industry supports progressive legislation but called for the proposed amendments to be evidence-based and practical.
“We support regulation that is evidence-based, consultative, fit-for-purpose, and practically enforceable,” Tsuma said.
He said traders and other players in the tobacco value chain had raised concerns about county licensing and restrictions on the sale of tobacco products.BAT Kenya's Senior Regulatory Affairs Manager, Billy Tsuma, addressing the media on the sidelines of the Eldoret City Public Participation of the Tobacco Control (Amendment) Bill by the National Assembly/HANDOUT
“We have seen many issues raised by traders and other players in the value chain ranging from the issue of licensing by counties to the issue around restrictions of sale of tobacco products within a certain radius,” he said.
Tsuma also questioned the practicality of the proposed 100-metre restriction.
“When a proposal is made that sales should not be made at any place within a 100-metre radius of children, it becomes very difficult to enforce,” he said.
He called on the committee to consider views raised during the public participation exercise.
“We call upon the committee to hear these views that are being given by different stakeholders across the country with the view of delivering a law that strikes the balance between public health, legal businesses and the realities on the ground,” Tsuma said.
Uasin Gishu trader Sharlynne Chelang’at also questioned the proposed restriction, calling instead for stricter enforcement of existing laws prohibiting the sale of tobacco products to underage persons.
“The proposed law seeking to restrict sale of tobacco products to more than 100 metres from places with children does not work and is impractical,” she said.
Chelang’at said the existing law should instead be enforced more strictly.
“Instead, the current law prohibiting sale of these products to underage users should be strictly enforced with hefty fines applied to anyone who contravenes the law,” she said.
The Tobacco Control (Amendment) Bill was introduced in the Senate by nominated Senator Catherine Mumma. It seeks to amend the Tobacco Control Act of 2007 to provide for regulation of new and emerging products in the tobacco industry, including nicotine pouches and vapes.
The Bill is currently before the National Assembly Committee on Health, which is conducting public participation engagements in seven counties.
The committee is expected to conclude the exercise in Kisumu and Laikipia counties on Saturday before the House resumes sittings next Tuesday.