Businesses in Kenya’s hospitality and entertainment industry are pushing back against proposed tobacco and nicotine rules, warning that some of the changes could make it harder and more expensive for traders to operate.
The Pubs, Entertainment and Restaurants Association of Kenya (Perak) has asked Parliament to widen consultations on the Tobacco Control (Amendment) Bill, 2024, saying some provisions in the proposed law could have a direct effect on businesses, consumers and people working in the sector.
Perak National Chairman Michael Muthami said the association had already submitted petitions to the National Assembly, calling for more Kenyans to be involved before the proposed amendments are considered further.
He said members were especially concerned about provisions that could bring new financial demands for businesses and require traders to obtain additional licences.
“Our members are particularly concerned about proposals that could increase the cost of doing business, create additional licensing requirements for traders, and potentially fuel illicit trade,” Muthami said.
Among the proposals that Perak wants Parliament to examine more closely are restrictions on flavours in tobacco and nicotine products.
The association said such a move should not be considered without first looking at how it could affect legitimate businesses and consumers, as well as the practical challenges that may arise once the rules take effect.
Perak said it recognises the need for measures aimed at protecting people from the harmful effects of tobacco and nicotine products but maintained that regulation should also take into account the people and businesses that could be affected.
“We are not opposed to regulation. We support evidence-based policies that protect public health while also considering the realities facing businesses, workers, traders, and consumers,” Muthami said.
The association has now asked the National Assembly to take the public participation exercise to counties instead of limiting the process to Nairobi.
Perak said it had forwarded petitions from Kenyans in different constituencies through the National Assembly’s Committee on Health in an effort to ensure the concerns of affected communities are placed before lawmakers.
Muthami also called on MPs to learn from concerns raised over the previous process at the Senate and ensure that the current exercise gives affected Kenyans a genuine opportunity to speak.
“We ask Members of Parliament to conduct genuine nationwide public participation and give all affected Kenyans an opportunity to be heard before any final decisions are made,” he said.
According to Perak, failing to engage businesses, traders, workers and consumers adequately could lead to rules that create new economic difficulties without fully solving the issues they seek to address.
The association said the Bill would be the first major change to the Tobacco Control Act since 2007, making the proposed amendments an important development in the regulation of tobacco and nicotine products.
Muthami said Parliament therefore needed to hear from all sides before adopting the proposed changes, given the number of people and businesses that could be affected by the new rules.
“It is therefore critical that Parliament gets it right by ensuring that every voice counts,” he said.
Perak’s concerns come as Parliament weighs the proposed amendments, with the association pressing lawmakers to consider both the need for public health protection and the possible effect of the regulations on businesses and livelihoods.