BAHLITA: Kenya Tobacco Control Bill Duplicate Licensing Raises Concerns

• The Bar and Liquor Traders Association of Kenya (BAHLITA) is urging the National Assembly to ensure public participation in the Tobacco Control (Amendment) Bill, 2024.
• BAHLITA warns that proposed duplicate licensing requirements in the Bill could significantly increase compliance costs for over 54,000 small businesses.
• The association supports public health goals but advocates for integrated government databases and mutual recognition of licenses to streamline Kenya tobacco regulatory compliance.
• The Tobacco Control (Amendment) Bill, 2024, identified as Senate Bill No. 35 of 2024, has already passed the Senate and seeks to amend the Tobacco Control Act.
• BAHLITA emphasizes that the law's effectiveness should be measured by its impact on youth access, illicit trade, and public health, rather than by imposing more paperwork on legitimate traders.

Businesses already adhering to established national and county regulatory systems should not face multiple, overlapping compliance obligations.

The Bar and Liquor Traders Association of Kenya (BAHLITA) has urged the National Assembly to ensure comprehensive stakeholder engagement in the ongoing legislative process for the Tobacco Control (Amendment) Bill, 2024. The association specifically highlighted concerns that new licensing and registration requirements within the proposed law could significantly escalate compliance expenditures for small enterprises operating in the sector.

This appeal comes as the Tobacco Control (Amendment) Bill, 2024, continues its journey through Parliament, having already been approved by the Senate with amendments on March 3, 2026. Officially designated as Senate Bill No. 35 of 2024 in parliamentary records, the legislation aims to revise the existing Tobacco Control Act. Its provisions are set to govern various aspects of tobacco and nicotine products, including their manufacturing, importation, distribution, sale, advertising, and consumption.

While expressing support for initiatives designed to safeguard public health, curtail youth access to tobacco products, and bolster enforcement against non-compliant operators, BAHLITA has voiced significant reservations regarding potential redundancy in the proposed regulatory framework. The association, which represents over 54,000 traders across all 47 counties, argues that businesses already adhering to established national and county regulatory systems should not face multiple, overlapping compliance obligations, directly addressing the issue of Kenya Tobacco Control Bill duplicate licensing.

BAHLITA emphasized that its members are already subject to a range of existing requirements, including age restrictions, various licensing requirements, product controls, and tax compliance. The introduction of additional licenses, fees, approval processes, and administrative burdens, they contend, would disproportionately affect micro, small, and medium-sized enterprises (MSMEs). Such cumulative costs, according to the lobby, increase the operational expenses for small businesses and could inadvertently push legitimate operators into the informal economy.

To mitigate these issues, BAHLITA advocates for enhanced coordination between national and county governments. Their recommendations include the implementation of integrated databases, mutual recognition of existing licenses, improved information sharing mechanisms, and the establishment of a unified "single-window" compliance system to streamline Kenya tobacco regulatory compliance.

The association's call for genuine public participation is rooted in Kenya's constitutional framework. Article 118 of the Constitution explicitly mandates Parliament to facilitate public involvement in its legislative and committee work, while Article 10 recognizes the participation of the people as a fundamental national value and principle of governance. BAHLITA insists that affected stakeholders must be afforded a meaningful opportunity to contribute their perspectives to the legislative process.

BAHLITA specifically urged the National Assembly to ensure that the current Kenya public participation legislative process remains transparent, inclusive, and genuinely open to all affected parties, drawing a contrast with implied shortcomings in previous legislative stages. This appeal underscores the need for thorough engagement to prevent the enactment of laws that may be detached from the operational realities faced by businesses.

Beyond the immediate concerns about Kenya Tobacco Control Bill duplicate licensing, BAHLITA also stressed the importance of directing enforcement efforts primarily towards illicit tobacco products. The association argues that illegal trade undermines public health initiatives, deprives the government of crucial revenue, and creates an unfair competitive landscape for compliant businesses.

According to BAHLITA, the true measure of the proposed law's effectiveness should be its ability to reduce youth access to tobacco products, strengthen overall compliance, effectively combat illicit trade, secure government revenue, and ultimately improve public health outcomes. They contend that simply increasing paperwork for legitimate traders is not the solution. Instead, the focus should be on implementing stronger traceability systems, fostering intelligence sharing, and undertaking targeted actions against illegal operators to achieve robust Kenya tobacco regulatory compliance.

Lawyers advising businesses in the tobacco sector should closely monitor the progression of the Tobacco Control (Amendment) Bill, 2024, through the National Assembly, particularly provisions related to licensing and compliance. This is crucial to anticipate potential new regulatory burdens, advise clients on public participation opportunities, and assess the impact of proposed duplicate licensing frameworks on operational costs and legal exposure.

Source: Reporting based on a Kenyan news report.