The Business and Liquor Traders Association of Kenya (BAHLITA) has opposed the Tobacco Control (Amendment) Bill, 2024, raising concerns over what it termed attempts to sideline key stakeholders as the proposed law moves from the Senate to the National Assembly.
BAHLITA Secretary General Boniface Gachoka said the matter went beyond tobacco regulation, arguing that Parliament must uphold the constitutional requirement for openness, accountability and public participation when considering the Bill.
“We wish to state unequivocally that public participation is not a favour, it is a constitutional right,” Gachoka said.
The association, which represents more than 54,000 traders across the 47 counties, said its members are directly affected by the proposed legislation. It noted that retailers play a role in enforcing age restrictions, licensing requirements, product controls and tax compliance. At the same time, BAHLITA said it supports public health measures aimed at preventing youth access to tobacco products and stronger enforcement against illegal and non-compliant operators.
However, Gachoka said the association does not support a regulatory framework that creates duplication, raises compliance costs or weakens enforcement. The traders are particularly opposed to the proposed licensing and registration framework, which they said could subject businesses already operating under national and county regulatory systems to multiple layers of compliance.
“More licences do not automatically translate into more compliance. In many cases, they simply create more bureaucracy,” Gachoka said.
BAHLITA further warned that the additional requirements could disproportionately affect micro, small and medium-sized enterprises, with extra licences, fees, approvals and administrative processes increasing the cost of doing business and potentially pushing some operators into informality.
Consequently, the association called for a coordinated regulatory framework between the national and county governments, including integrated databases, mutual recognition of licences, seamless information sharing and a single-window compliance system. BAHLITA also urged authorities to focus enforcement on illicit tobacco trade, which it said undermines public health objectives, deprives the government of revenue and creates unfair competition for legitimate businesses.
The association maintained that the solution lies in stronger traceability systems, intelligence sharing and targeted action against illegal operators rather than imposing additional paperwork on legitimate traders. Gachoka said the effectiveness of the Bill should ultimately be measured by its impact on youth access to tobacco, compliance, illicit trade, government revenue and public health outcomes.
BAHLITA has consequently called on the National Assembly to ensure the legislative process remains open, transparent and inclusive, with all affected stakeholders given a genuine opportunity to present their views.
“Good laws are not built through exclusion. They are built through consultations, evidence and consensus,” Gachoka said.
