A section of business owners in Mombasa county on Thursday urged the Senate to subject the Tobacco Control (Amendment) Bill to fresh public participation.
The traders said wider consultations would give more Kenyans a chance to provide input, particularly small businesses that they claim were left out of the initial process.
During a press conference at Mapembeni along Moi Avenue, the traders accused the Senate of rushing the Bill without adequate public engagement.
They warned that passing the legislation in its current form would silence the voices of a majority of Kenyans, especially those whose livelihoods depend on tobacco-related products.
Faith Mwende, a business owner in Mombasa, said the Bill would not only burden small traders but also make tobacco products unaffordable for ordinary Kenyans.
“We are here to oppose the Tobacco Amendment Bill of 2024 because public participation was not done as it should have been. We business owners were not involved or consulted,” she said.
Mwende argued that requiring a special license for tobacco sellers would increase operating costs and push many out of business.
“We are asking for fresh public participation and for the Senate to bring the Bill to every county so that we can give our input. As it stands, this Bill seems to favour big businesses at the expense of small traders,” she added.
Citing Chapter One of the constitution, Mwende insisted that sovereignty rests with the people, who should be fully involved in the legislative process.
The Bill, sponsored by ODM nominated Senator Catherine Mumma, is currently before the Senate at the committee of the Whole House stage, having already passed the second reading.
It seeks to regulate the production, sale, advertisement and consumption of nicotine products, including nicotine pouches and vapes.
Among its key provisions, the Bill proposes; a ban on the sale of tobacco products through hawking, vehicles or mobile vending.
Offenders would face fines of up to Sh50,000 or imprisonment of up to six months, or both.
The Bill also proposes a ban on flavours in nicotine products and the prohibition of online or digital advertising and sale of tobacco products across social media platforms, video-sharing sites and other digital content platforms.
The Senate is scheduled to resume sittings on September 23, with the Tobacco Control (Amendment) Bill among the highly contested items on its agenda.
Instant Analysis
The pushback from Mombasa traders highlights the tension between public health objectives and the survival of small businesses. While the Tobacco Control (Amendment) Bill seeks to curb the growing use of nicotine products, its provisions, such as licensing requirements, flavour bans, and restrictions on mobile or digital sales, are seen as punitive to small-scale traders.
