Why Coast traders want Senate to throw out Tobacco Bill

Coast traders oppose the Tobacco Bill, warning of its impact on livelihoods. [File, Standard]

A section of traders in the Coast region has urged the Senate to reject the Tobacco Control (Amendment) Bill of 2024 when it resumes business next week.

The traders in the hospitality industry expressed fear that the bill seeking to ban flavours in products such as vapes and nicotine pouches will worsen the state of illicit trade in the country if passed in its current state.

The bill sponsored by ODM nominated senator Dr Catherine Mumma seeks to protect minors from the flavours in the nicotine products.

Yesterday, the traders gathering in Mombasa argued that already these products are priced out of reach for minors, as it costs about Sh500 to buy nicotine pouches, and hence the bill should be dropped.

In a statement presented by former Kipevu MCA Ms Faith Mwende, the traders said banning the flavours will only open the market to illicit products, deny government revenue, and expose Kenyans to unregulated commodities.

“When the Senate resumes sittings next week after its long recess, it must do the right thing and reject the proposal to ban flavours in tobacco products, as banning them will only open the market to illicit products which will flood our market and deny traders their source of livelihood, deny the government much-needed revenue, and expose Kenyans to unregulated products,” they stated.

Ms Mwende said the Senate should not legislate morality for adults and should instead allow them to make their own choices.

“The existing law – specifically section 15 of the Tobacco Control Act of 2007 – already establishes a legal framework that safeguards against the sale and access to tobacco products by persons under the age of 18 years. The excuse behind banning flavours in nicotine products is therefore misplaced and bordering on an attempt to legislate on morality,” she argued.

“We call upon the Senate to reject the invitation to assume the role of moral police and reject the proposal to ban flavours in nicotine products,” she added.

Bar Owners Association (BOA) Coast branch chairman Mr Patrick Kabundu urged the government to fully involve Kenyans in the legislation process through public participation to avoid litigation, noting that the Tobacco Control (Amendment) Act, 2024, was not good for businesses.

“We will have no option but to move to court if the government does not fully involve us in making laws that concern us,” he warned.

The traders commended the Kenya Revenue Authority (KRA) for its recent pledge to tighten its excisable goods management system in the face of illicit trade in the country.

They also commended President William Ruto for his New Year’s commitment to enhancing the fight against illicit trade, including unsafe alcohol.