Bar owners, retailers petition Senate to halt Tobacco Control Bill

Protester poses with a placard during a procession to the Kenya Parliament to present a petition by Kenyan bar owners and retailers who have asked the Senate to reject the Tobacco Control (Amendment) Bill on Wednesday, September 24, 2025/HANDOUT

Bar owners and retailers have petitioned the Senate to stop the ongoing debate on the Tobacco Control (Amendment) Bill, 2024, and subject it to fresh public participation.

The Bars, Hotels and Liquor Traders Association of Kenya (BAHLITA) and the Retail Traders Association of Kenya (Retrak) on Wednesday, September 24, submitted a joint petition to the Senate.

They argue that the Bill has moved forward without the required input from the public and other key stakeholders.

“Your humble petitioners wish to bring it to your attention that the People’s Voice has not been heard in the process of formulating and progressing the Bill to its current stage in the Senate. This Bill has been rushed forward without any meaningful consultation,” the petition reads.

They further state: “Consumers, retailers, manufacturers, and other critical stakeholders who stand to be significantly impacted by this Bill have been left out of the conversation. The people most affected have been ignored.”

The Bill, sponsored by ODM Nominated Senator Catherine Mumma, seeks to amend the Tobacco Control Act of 2007. It proposes stricter rules on the production, sale, advertising, and smoking of nicotine products. The proposed law also covers synthetic nicotine, including nicotine pouches and vapes.

The petitioners want the Senate to halt the process and open inclusive talks.

“Honourable Clerk, we call upon the Senate to immediately stop the progress of the Tobacco Control (Amendment) Bill, 2024 and engage in inclusive, transparent consultations with all affected stakeholders — consumers, retailers, and manufacturers,” the petition says.

Bar owners and retailers warn that if passed in its current form, the Bill will hurt small and medium-sized businesses. They cite concerns about duplicative licensing, technical overregulation, and costly approval processes.

They also warn of a possible surge in illicit trade.

“Kenya risks being flooded by illicit tobacco and nicotine products as a negative result of the Bill,” the petition notes. The groups argue that some of the proposed changes could drive legal businesses out of the market, giving more space to illegal operators.

“Already, half of Kenya’s cigarette market is illegal,” the petition states. “This Bill will only make things worse by moving more products to the black market. It will expand the black market, punish law-abiding traders, removing jobs, and robbing thousands of small family-owned shops, who already struggling to stay afloat, of their livelihoods. Instead of cracking down on illicit trade, the Bill turns its back on those who play by the rules.”

Protester poses with a placard during a procession to the Kenya Parliament to present a petition by Kenyan bar owners and retailers who have asked the Senate to reject the Tobacco Control (Amendment) Bill on Wednesday, September 24, 2025/HANDOUT

The petitioners urge senators to remember their constituents.

“Senators are elected by us — the people of Kenya. Jobs and livelihoods are at stake. This Bill threatens employment in legal retail and trade. Supporting this Bill in its current form and progressing it further without proper public and stakeholder consultations as envisioned in the Constitution of Kenya means turning away from the very communities that elected you,” it adds.

The Tobacco Control (Amendment) Bill, 2024, is currently before the Senate and awaits the Committee of the Whole House stage, where amendments can be introduced and voted on.

Over the past two weeks, small business owners across the country have voiced similar concerns. They say the Bill, if passed without broad input, could have damaging effects on their operations and the wider retail sector.