NAIROBI, Kenya, Aug 28 — The Bar and Liquor Traders Association of Kenya (BAHLITA) has urged the National Assembly to ensure affected traders are included in the public participation process on the Tobacco Control (Amendment) Bill, 2024, warning that proposed licensing and registration requirements could raise compliance costs for small businesses.
BAHLITA said traders directly involved in the sale and distribution of tobacco products should be given an opportunity to present their views before Parliament proceeds with consideration of the Bill.
“Public participation is not a favour, it is a constitutional right,” BAHLITA said, warning that excluding affected stakeholders could result in legislation disconnected from the realities faced by businesses.
The association says it represents more than 54,000 traders across the 47 counties, whose members are subject to age restrictions, licensing requirements, product controls and tax compliance obligations.
BAHLITA said it supports measures aimed at protecting public health, preventing young people from accessing tobacco products and strengthening enforcement against illegal and non-compliant operators.
However, the association raised concerns over what it described as potential duplication in the proposed licensing and registration framework.
“Businesses already operating under existing national and county regulatory systems should not be subjected to multiple layers of parallel compliance obligations,” the association said.
The association warned that additional licences, fees, approvals and administrative requirements could disproportionately affect micro, small and medium-sized enterprises.
“Most retailers are small businesses. Every additional licence, fee, approval process and administrative requirement increases the cost of doing business and risks pushing operators into informality,” the lobby said.
BAHLITA is instead calling for closer coordination between national and county governments through measures including integrated databases, mutual recognition of licences, information sharing and a single-window compliance system.
Focus on illicit trade
The association also wants enforcement efforts directed at illicit tobacco products, arguing that illegal trade undermines public health measures, deprives the Government of revenue and creates unfair competition for compliant businesses.
“The solution is not more paperwork for legitimate traders,” it said, calling for stronger traceability systems, intelligence sharing and targeted action against illegal operators.
The concerns come as the Tobacco Control (Amendment) Bill, 2024, progresses through Parliament after the Senate passed it with amendments on March 3, 2026.
Parliament records identify the legislation as Senate Bill No. 35 of 2024.
The Bill seeks to amend the Tobacco Control Act, including provisions governing tobacco and nicotine products and their manufacture, importation, distribution, sale, advertising and use.
BAHLITA said the effectiveness of the proposed law should ultimately be measured by whether it reduces youth access to tobacco products, strengthens compliance, tackles illicit trade, protects government revenue and improves public health outcomes.
Public participation question
The association’s appeal is grounded in the constitutional requirement for Parliament to facilitate public participation in its legislative business.
Article 118 of the Constitution requires Parliament to facilitate public participation and involvement in the work of Parliament and its committees, while Article 10 recognises participation of the people as a national value and principle of governance.
BAHLITA said Parliament should ensure affected stakeholders are given a genuine opportunity to contribute to the legislative process.
“We therefore call upon the National Assembly not to make the mistake that Senate made and ensure that this process remains open, transparent and inclusive and that all affected stakeholders are afforded a genuine opportunity to be heard,” the lobby said.
The association said it would continue engaging Parliament and other stakeholders on the Bill while advocating for what it described as a practical, proportionate and enforceable regulatory framework that balances public health objectives with the realities facing legitimate traders.
