Bar, Hotel and Liquor Traders Association (BAHLITA) is now calling for proper public participation on the TOBACCO CONTROL (AMMENDMENT)BILL, 2024.
In a statement to newsrooms on Thursday August 27, 2026, the members stated that the Constitution is very clear that Parliament should not legislate in isolation.
“We have called you here today because of an issue far bigger than tobacco regulation is at stake. It is an issue that goes to the heart of our constitution and our democracy.
When Kenyans overwhelmingly voted for the constitution of Kenya, 2010, they demanded a new governance order founded on openness, accountability and public participation. Parliament was never intended to legislate in isolation. It was intended to listen to the people,” stated BAHLITA Secretary General Boniface Gachoka.
The SG expressed deep concerns that as the TOBACCO CONTROL (AMMENDMENT) Bill, 2024 moves from the senate to the National Assembly, there are efforts by certain interests to sideline key stakeholders from participating in the public participation process.
According to Gachoka, any attempts to exclude affected stakeholders from contributing to this process undermines bot the the letter and the spirit of the Constitution and risks producing legislation that is disconnected from the realities on the ground.
“We wish to state unequivocally that public participation is not a favour, it is a constitutional right. Any attempt to exclude affected stakeholders from contributing to this process undermines both the letter and spirit of the constitution and risks producing legislation that is disconnected from the realities on the ground,” he stated.
It should be noted that BAHLITA represents more than 54,000 traders across 47 counties, with members being the frontline enforcers of age restrictions, licencing requirements, product controls and tax compliance obligations.
Gachoka noted that the members are not peripheral actors in this conversation, but are among the primary stakeholders who will be directly affected by the provisions of this Bill.
While noting that BAHLITA supports public health objectives, support efforts to prevent youth access to tobacco products, support stronger enforcement against illegal and noncompliant operators, Gachoka was categorical that BAHLITA does not support regulatory framework that create duplication, increase compliance costs and weaken enforcement effectiveness.
They have raised concerns with the Bill among them the proposed licencing and registration framework that risks creating unnecessary duplication.
Gachoka argues that Businesses already operating under existing national and county regulatory systems should not be subjected to multiple layers of parallel compliance obligations.
“More licences do not automatically translate into more compliance. In many cases, they simply create more bureaucracy. Second the Bill fails to adequately consider the realities facing MSMES. Most retailers are small businesses. Every additional Licences, fee, approval process and administrative requirement increases the cost of doing business and risks pushing operators into informality Regulation should encourage compliance, not make compliance more difficult,” stated Gachoka.
BAHLITA also adds that Kenya requires a coordinated and integrated regulatory framework.
The members also calling on National and county governments to work from the same playbook.
“We need integrated databases, mutual recognition of licences, seamless information sharing, and a single window compliance framework that reduces fragmentation and improve oversight,” he said.
Meanwhile, the Association is also urging that the enforcement efforts must focus on the real challenge: illicit trade.
According to BAHLITA, illicit tobacco products undermine public health objectives, deprive government of critical revenue, and create unfair competition for compliance businesses.
The solution, BAHLITA says is not more paperwork for legitimate traders, but is smarter enforcement, stronger traceability systems, better intelligence sharing and targeted action against illegal operators.
The success of this BILL, BAHLITA argues should not be measured by how many licences are issued or how many registers are created, but by weather it reduces youth access to tobacco products, strengthen compliance, combats illicit trade, protect government revenue and deliver better public health outcomes.
The Association through a petition has called upon the National Assembly not to make the mistake that senate made and ensure that this process remains open, transparent and inclusive and that all affected stakeholders are afforded a genuine opportunity to be heard.
“Good laws are not built through exclusion. They are built through consultations, evidence and consensus. BAHLITA remains committed to constructive engagement in pursuit of regulatory framework that protects public health while remaining practical, proportionate and enforceable,” stated Gachoka.
