Stakeholders in Uasin Gishu County have called on Parliament to deliver a balanced tobacco law that strikes the balance between safeguarding public health and protecting businesses and livelihoods. The appeal was made during the public participation on the Tobacco Control (Amendment) Bill, undertaken by the National Assembly Committee on Health. The stakeholders expressed concerns over proposals in the Bill that pose a grave danger to businesses if passed in their current state.
The Bill proposes to introduce a new provision in the Tobacco Control Act, requiring businesses trading in tobacco products to obtain a specific license from the county executive committee member. Stakeholders argue that this will increase bureaucracy and the cost of doing business for small firms. They claim that businesses already pay license fees for their single business permits, making the proposed provision amount to double taxation.
Another contentious proposal in the Bill seeks to restrict the sale of tobacco products to outside a radius of 100 meters from any place serving persons under the age of 18. Stakeholders find this impractical due to Kenya's current state of urbanization and believe it will be prohibitive towards businesses. They argue that enforcing this provision will be challenging, especially in urban areas.
Billy Tsuma, Senior Regulatory Affairs Manager at BAT Kenya, emphasized the need for evidence-based regulation that balances public health and livelihoods. He stated that the tobacco industry supports progressive legislation but urged the committee to consider the views of different stakeholders across the country. Tsuma highlighted the difficulties in enforcing certain proposals, such as restricting sales within a 100-meter radius of places serving children.
Sharlynne Chelang'at, a trader in Uasin Gishu County, also expressed concerns about the proposed law. She suggested that instead of introducing new restrictions, the current law prohibiting the sale of tobacco products to underage users should be strictly enforced with hefty fines for those who contravene it. Chelang'at believes that this approach would be more effective in addressing the issue.
The Tobacco Control (Amendment) Bill, introduced in the Senate by nominated Senator Catherine Mumma, aims to amend the Tobacco Control Act of 2007 to regulate new and emerging products in the tobacco industry, such as nicotine pouches and vapes. The Bill is currently under review by the National Assembly Committee on Health, which is conducting public participation engagements across seven counties.
The committee will conclude the public participation exercise in Kisumu and Laikipia counties on Saturday, before the House resumes sittings next week on Tuesday. The stakeholders' concerns and suggestions will be considered as the committee finalizes the Bill. The outcome will determine the future of the tobacco industry in Kenya and its impact on public health and businesses.
Key points
- The proposed Tobacco Bill aims to regulate new and emerging products in the tobacco industry, such as nicotine pouches and vapes.
- Stakeholders are concerned that the proposed provisions will increase bureaucracy and the cost of doing business for small firms.
- The committee will conclude the public participation exercise in Kisumu and Laikipia counties on Saturday.
