Hospitality traders in Kisumu County, Kenya, have expressed strong objections to key provisions in the Tobacco Control (Amendment) Bill. The bill proposes raising the legal smoking and nicotine purchasing age from 18 to 21 years, which traders argue is impractical. During public participation hearings hosted by the National Assembly Committee on Health, business owners voiced frustration over ambiguous enforcement mechanisms and increased operational costs.
Dan Ouma, Kisumu Chairperson of the Pubs, Entertainment and Restaurants Association of Kenya (PERAK), challenged lawmakers on how the 21-year age limit would function on the ground. He questioned whether venue operators would need to demand national identity cards for every purchase or if a new identification framework would be required. Ouma emphasized that the implementation of the proposal is unclear, leaving businesses uncertain about how to comply.
Traders also rejected a proposal restricting the sale of tobacco and nicotine products within a 100-meter radius of places frequented by children. They argued that existing tobacco laws already mandate dedicated, enclosed smoking zones to protect non-smokers and minors without shutting down surrounding commercial establishments. This proposal has sparked concerns about the impact on businesses located near schools and other areas frequented by children.
The hospitality sector pushed back against a clause requiring county governments to issue a specific tobacco-trading license. Business owners argued that adding a standalone permit on top of existing single business permits inflates operational overhead and runs counter to ease-of-doing-business initiatives. This has raised concerns about the potential economic impact on small businesses and the overall business environment.
Lawmakers have been conducting countrywide hearings on the bill, with Committee Chairperson Dr. James Nyikal noting broad support among health agencies and civil society groups for raising the age consent limit. He expressed satisfaction with the stakeholder forums held in Nairobi and Machakos, where there was concurrence on issues such as increasing the age of consent to purchase nicotine products from 18 to 21.
The National Assembly Committee on Health will now compile its final report incorporating views from both health advocates and private sector players. The committee will present its recommendations to Parliament after considering submissions from various stakeholders. The outcome of the bill will have significant implications for the tobacco and nicotine industry in Kenya.
The pushback from traders in Kisumu highlights the challenges of balancing public health concerns with the needs of businesses. The bill aims to regulate the tobacco and nicotine industry, but its implementation will require careful consideration of the concerns raised by stakeholders. The committee's final report is expected to provide clarity on the proposed regulations and their potential impact on the industry.
Key points
- Traders in Kisumu County object to raising the smoking age to 21, citing unclear enforcement mechanisms and increased operational costs.
- The proposed bill aims to regulate the tobacco and nicotine industry, but its implementation will require careful consideration of stakeholder concerns.
- The National Assembly Committee on Health will compile its final report and present recommendations to Parliament after considering submissions from various stakeholders.
