Tobacco farmers, traders and hospitality operators in Western Kenya have opposed proposed amendments to tobacco control laws, urging Members of Parliament to reconsider provisions they say could threaten livelihoods while calling for stronger protection of minors.
During a public participation forum at Tom Mboya Labour College in Kisumu, stakeholders challenged the Tobacco Control (Amendment) Bill, 2024, describing some proposals as impractical, costly, and potentially counterproductive.
The forum, organised by the National Assembly Departmental Committee on Health and chaired by Seme MP Dr James Nyikal, provided a public participation process on the proposed law.
Participants did acknowledge the need to prevent children from accessing tobacco and nicotine products but, on the other hand, urged Parliament to prioritise enforcement of the existing Tobacco Control Act, 2007, rather than to introduce additional restrictions which they say could push businesses into closure and kill the trade.
Kisumu County Bar Owners Association chairman Dan Ouma questioned a proposal to raise the minimum legal age for smoking from 18 to 21, arguing that it is practically difficult to verify customers’ ages without a corresponding identification system.
He said there is a need for proper guidelines on how to establish customers’ ages before selling tobacco products.
They therefore opposed a proposal requiring operators to obtain a Ministry of Health licence for designated smoking areas, saying some establishments already have such facilities.
Representatives of bar owners’ associations in Western and Vihiga counties said businesses were already struggling with multiple licensing requirements imposed by national and county government. They warned that an additional tobacco-specific licence could increase operating costs, potentially resulting in business closures and job losses.
They criticized the proposed restriction on tobacco sales within 100 metres of schools, churches, hospitals and residential areas.
On their part, tobacco traders argued that the requirement would be difficult to implement in Kisumu, where commercial establishments, residential estates and public institutions are often located close to one another. They strongly opposed any proposals for a tobacco fund and additional taxes, as the measures, they say, could duplicate existing levies and place further pressure on businesses.
Hospitality operators argued that such restrictions would not necessarily eliminate demand, but could instead encourage consumers to seek unregulated products through illicit markets.
They therefore called on the National Assembly to distinguish between combustible tobacco and newer nicotine alternatives, arguing that the products should not automatically be subjected to identical regulatory and taxation frameworks.
Farmers warn of livelihood losses
Tobacco farmers from Migori, Bungoma and neighbouring counties urged the committee to extend consultations to farming communities in tobacco-growing areas, saying the proposed changes could have far-reaching economic consequences.
Through their representatives, the farmers said proceeds from tobacco farming help households meet school fees, repay loans and support other basic needs.
They cautioned that stringent regulations could discourage tobacco companies from operating in the country, leaving farmers without reliable markets for their produce.
Shisha and bar operators also defended the sector’s contribution to youth employment, with some claiming that individual establishments employ more than 200 young people.
However, youth and children’s rights advocates at the forum supported stronger measures to prevent minors from accessing tobacco products.
They called for clear, enforceable age-verification procedures that retailers could apply consistently, while also raising concerns over the limited availability of affordable rehabilitation services for people struggling with addiction.
Committee weighs competing concerns
In its summary of the Kisumu public participation exercise, the committee identified licensing clarity as one of the principal concerns raised by stakeholders.
Businesses warned that overlapping national and county requirements could increase costs without necessarily improving enforcement.
The committee also noted broad support for restricting minors’ access to tobacco and nicotine products, alongside calls for practical age-verification measures.
Speaking during the forum, the Pubs, Entertainment and Restaurants Association of Kenya (PERAK) National Officer Julius Thuo, however, called for a balanced approach that safeguards public health while recognising the practical challenges facing legitimate businesses and protecting livelihoods.
The committee said views collected in Kisumu would be consolidated with submissions from other counties as it prepares its report on the Bill.
Parliament is expected to consider the competing concerns as it evaluates proposed changes to tobacco regulation, including how to protect children from exposure while ensuring that any new requirements can be effectively implemented.
