Business owners and traders across Kenya have demanded a more inclusive and nationwide public participation process on the Tobacco Control (Amendment) Bill.
They argued that thousands of affected stakeholders have been excluded from meaningful consultations.
In a joint statement, the traders said the current engagement process has failed to adequately capture the views of key players in the tobacco value chain and related sectors.
As such, raising concerns about transparency and fairness in the consideration of Senate Bill No. 35 of 2024.
“We, the business owners, traders, retailers, distributors, hospitality operators, and entrepreneurs from the Mountain region, wish to express our deep concern regarding the manner in which the Senate Bill No. 35 of 2024 – The Tobacco Control (Amendment) Bill is being handled and the exclusion of key stakeholders from the public participation process.”The statement read in part.
According to the traders, consultations held in counties including Mombasa, Kisumu, Homa Bay, Kiambu, Siaya, Bungoma, Kirinyaga, Trans Nzoia and Nyeri revealed a common concern.
They said those who stand to be directly affected by the proposed law have not been adequately involved in shaping it.
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Support for Regulation, Concern Over Process
While reiterating that they are not opposed to regulation, the business owners said they support laws that protect public health and promote responsible business practices.
However, they faulted what they described as a decision-making process that excludes the very people who will bear the consequences of the law.
They accused both the Senate and the National Assembly of failing to sufficiently engage business owners and other stakeholders.
“We reject any process that seeks to make decisions on our behalf without listening to our voices, and this the fact that the senate did not do sufficient public participation in listening to the views and opinion of hundreds of thousands business owners and traders.” They said.
The traders added that they are concerned that the National Assembly appears to be following a similar path through the procedures and steps it has adopted.
Business Owners Oppose Nairobi-Only Hearings
The traders also citicized the decision by the national assembly health committee to hold the public hearing on the Bill in Nairobi only.
They stated that the proposed law has nationwide implications and should therefore attract broader participation.
At the same time they noted that restricting participation to Nairobi excludes many traders and other Kenyans who do not have the resources to travel and present their views.
Consequently, they urged the National Assembly to review the process, insisting that public participation cannot be considered meaningful if a majority of affected stakeholders are unable to access it.
June 25 Hearing Date Raises Concerns
The business owners also expressed concern over the decision to schedule the hearing on June 25.
They said that the date holds deep significance for many Kenyans, particularly young people, because of its association with civic engagement and the 2024 Gen Z-led protests.
According to the traders, the day has come to signify constitutional rights awareness, and the voices of youth demanding justice and to be heard.
“Scheduling such an important hearing on this day risks limiting participation and ignores the significance that many Kenyans attach to it, especially our young people in the memorial remembrance of their fellow youths who died during the gen z led demonstration in 2024.” The business owners said.
Traders Push for Wider Consultations
The traders called for an extension of the public participation period and urged authorities to hold hearings across the country.
In addition, they proposed virtual and county-based platforms, to ensure broader stakeholder representation.
Moreover, the business owners sought direct involvement of players in the retail, distribution and hospitality sectors.
They further called for a comprehensive assessment of the Bill’s impact on businesses, jobs, livelihoods and government revenue.
Meanwhile, they noted that many enterprises are already grappling with high taxes, rising operating costs, multiple licensing requirements, insecurity and reduced consumer spending.
For this reason, they argued that any legislation affecting businesses should be shaped through meaningful consultation.
Ultimately, they urged the National Assembly Health Committee and other relevant institutions to take the views of traders and business owners into account before advancing the Tobacco Control (Amendment) Bill.
