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BAHLITA Calls for Inclusive Public Participation in Tobacco Control Bill
The Business and Hospitality Licensing Traders Association (BAHLITA) has called on the National Assembly to ensure an open, transparent and inclusive public participation process as the Tobacco Control (Amendment) Bill, 2024 moves from the Senate to the National Assembly.
BAHLITA Secretary General Boniface Gachoka said the proposed legislation raises issues that go beyond tobacco regulation. He said the process must also protect the constitutional right to public participation.
Gachoka warned that excluding key stakeholders could undermine the spirit of the Constitution. He said it could also result in legislation that fails to reflect the realities facing businesses on the ground.
BAHLITA Supports Public Health Measures
BAHLITA represents more than 54,000 traders across all 47 counties. Its members operate at the frontline of age restrictions, licensing requirements, product controls and tax compliance.
Gachoka said the association supports measures that protect public health. These include efforts to prevent young people from accessing tobacco products and stronger action against illegal and non-compliant operators.
However, BAHLITA has raised concerns about regulatory measures that could create duplication, increase compliance costs and make enforcement harder.
“Our members are not peripheral actors in this conversation. They are among the primary stakeholders who will be directly affected by the provisions of this Bill,” Gachoka said.
Traders Question Additional Licensing Requirements
BAHLITA has raised concerns over the proposed licensing and registration framework. The association argues that it could create unnecessary duplication for businesses already operating under national and county regulatory systems.
Gachoka said more licences would not necessarily result in better compliance. Instead, they could add bureaucracy and increase the cost of doing business.
The association also warned that additional licences, fees and approval processes could put more pressure on micro, small and medium-sized enterprises.
Such requirements could also push some businesses into informality, BAHLITA said.
“Regulation should encourage compliance, not make compliance more difficult,” Gachoka said.
BAHLITA Wants Smarter Enforcement
The association is also calling for stronger coordination between national and county governments.
BAHLITA wants authorities to develop integrated databases and improve information sharing. It also supports mutual recognition of licences and a single-window compliance system.
The association said enforcement should focus on illicit tobacco trade. According to BAHLITA, illegal tobacco products undermine public health efforts, reduce government revenue and create unfair competition for compliant businesses.
Gachoka called for stronger traceability systems and better intelligence sharing. He also urged authorities to target illegal operators rather than place additional burdens on legitimate traders.
Focus on Public Health Outcomes
BAHLITA said Parliament should measure the success of the Tobacco Control (Amendment) Bill by the outcomes it delivers.
The association wants the legislation to reduce youth access to tobacco products and strengthen compliance. It also wants the Bill to combat illicit trade, protect government revenue and improve public health outcomes.
BAHLITA has therefore urged the National Assembly to keep the legislative process open and inclusive. Gachoka said all affected stakeholders should receive a genuine opportunity to present their views.
“Good laws are not built through exclusion. They are built through consultations, evidence and consensus,” Gachoka said.
BAHLITA said it remains committed to constructive engagement with policymakers. The association wants a regulatory framework that protects public health while remaining practical, proportionate and enforceable.
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