By Alloys Musyoka
A section of small business owners and retailers from Kwale County have opposed the proposed Senate’s Tobacco Control (Amendment) Bill 2025 demanding its withdrawal over what they say is its potential to destroy businesses if passed in its current form.
Speaking in Ukunda, the retailers said some provisions of the Bill will encourage increased trade of illicit tobacco products in the market through over-regulation and double taxation.
Kwale bar owner’s association chair Richard Onsongo claimed that the Senate failed to conduct adequate public participation on the Bill, saying that its continued debate in parliament is unconstitutional and against the principles of transparency in law-making as espoused in the constitution.
Their sentiments follow similar remarks echoed by sections of small businesses and retailers in Meru, Nyeri, Nakuru, and Kisumu – all who oppose the Bill saying there lacked adequate public consultations as required by law, expressing fears that the Bill could be approved by the Senate without the input of the public.
They now want the sponsor of the Bill, Nominated Senator Catherine Mumma, to withdraw the Bill or ensure that contentious clauses are dropped to safeguard the interest of small businesses.
Masudi Ng’ando one of the traders said that the Senate has a duty to safeguard the interests of all Kenyans and in this regard, the interests of small businesses like theirs.
“Everything that is in that bill points to a situation where the Senate wants to kill businesses. We demand that the sponsor of this Bill, ODM-Nominated Senator Catherine Mumma, to do the right thing for small businesses and either withdraw the Bill or drop the clauses which are going to be oppressive to small businesses if they are passed in their current state,” he said.
Juma said that if Mumma fails to withdraw the senate do the right thing and stand up for small businesses by rejecting the entire bill.
The Bill is currently awaiting committee stage when the Senate resumes sittings after its recess next week. It seeks to amend the Tobacco Control Act of 2007 to further regulate the production, sale, advertisement and smoking of nicotine products (both natural i.e. tobacco and synthetic), including by the use of nicotine pouches and vapes.
The Bill makes it illegal for a person to sell tobacco products through hawking, from vehicles or through mobile vending, with offenders facing a fine of not more than fifty thousand shillings or imprisonment for a term of not more than six months or both.
The Bill also makes it illegal for a person to advertise, offer for sale or sell tobacco products in any online or digital platform, including social media sites, video-sharing platforms or other digital content platforms.
“The Bill contains proposals that are out to kill our businesses. In it, the bill is proposing to ban flavors in nicotine products. This move will only encourage rogue traders to bring in illicit products into the Kenya market, thereby denying us legitimate business owners the opportunity to make genuine money by selling legitimate products. The question we want to ask our Senate is this: Why is the senate hell bent on killing businesses through this bill?” posed the Pauline Wanja –Msambweni bar owners’ association chair.
