Traders oppose extra tobacco licences, call for public participation

NAIROBI, Kenya, Aug 27 – The Business and Liquor Hospitality Association of Kenya (BAHLITA) has opposed proposed licensing and registration requirements in the Tobacco Control (Amendment) Bill, 2024, warning they could increase compliance costs for small businesses.

BAHLITA Secretary General said the association, which represents more than 54,000 traders across the 47 counties, was concerned about what it termed efforts to exclude key stakeholders from participating in the Bill’s consideration by the National Assembly.

The association said public participation is a constitutional right and called on Parliament to ensure affected businesses are given an opportunity to present their views as the Bill moves from the Senate to the National Assembly.

BAHLITA said it supports public health measures aimed at preventing young people from accessing tobacco products and stronger action against illegal operators.

However, it said the proposed licensing and registration framework could create unnecessary duplication for businesses already subject to national and county regulations.

“More licences do not automatically translate into more compliance. In many cases, they simply create more bureaucracy,” the association said.

BAHLITA said most tobacco retailers are micro, small and medium-sized businesses that could struggle with additional licences, fees and administrative requirements.

It warned that higher compliance costs could push some businesses into informality instead of improving compliance.

The association instead wants the national and county governments to develop an integrated regulatory system, including shared databases, mutual recognition of licences and a single-window compliance framework.

BAHLITA also called for stronger action against illicit tobacco trade, saying illegal products undermine public health efforts, reduce government tax revenues and create unfair competition for compliant businesses.

It urged authorities to focus on traceability systems, intelligence sharing and targeted enforcement rather than imposing additional paperwork on legitimate traders.

“The success of this Bill should not be measured by how many licences are issued or how many registers are created,” BAHLITA said.

The association said the legislation should instead be assessed on whether it reduces youth access to tobacco products, improves compliance, curbs illicit trade, protects government revenue and delivers better public health outcomes.

BAHLITA called on the National Assembly to ensure the Bill’s consideration is open and inclusive, saying stakeholders should be given a genuine opportunity to present their views.

“Good laws are not built through exclusion. They are built through consultations, evidence and consensus,” the association said.