- 100-metre rule impractical: Andrew Matoka emphasized that restricting tobacco and nicotine sales within 100 metres of schools and child-centered facilities is unrealistic in densely populated urban settings.
- High licensing costs burden: Erick Ogutu noted that bar owners already face expensive licensing and complex compliance requirements, warning that the new bill risks adding further burdens without clarifying how old and new rules will align.
Bar owners in Kisumu County have urged the National Assembly to allow more time for consultations and public participation before passing the proposed Tobacco Control Amendment Bill 2024.
Under the Kisumu Bar Owners Association (KIBOA), the operators said the bill contains punitive measures that could hurt their businesses if enacted without adequate input from stakeholders.
Speaking during a consultative meeting in Nyando, interim secretary Erick Ogutu and caretaker chairman Andrew Matoka stressed that certain provisions, such as the 100-metre rule restricting sales near schools and child-centered facilities, are impractical in urban areas. Ogutu noted that bar owners already face high licensing costs and complex compliance requirements, and the new bill risks adding further burdens without clarifying how existing and new rules will align.
He criticized lawmakers for failing to consult the business community in Kisumu, insisting that Parliament must provide realistic timelines for adjustment and simplify compliance procedures so small businesses can understand them without legal expertise.
Ogutu emphasized the need for uniform safeguards to prevent counties from implementing the law differently, and called for nationwide public participation rather than limiting discussions to Nairobi.
He argued that effective legislation should balance public health goals with the realities faced by businesses. Matoka added that good laws are built through consultation, evidence, and consensus, not exclusion.
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The proposed amendment seeks to strengthen tobacco regulation by extending strict controls to emerging nicotine products such as e-cigarettes, vapes, and oral pouches. It also bans flavored products like fruit and mint to discourage youth initiation, restricts advertising and sales within 100 metres of schools, and prohibits online sales and mobile vending. Kenya already enforces smoke-free public spaces, graphic health warnings, advertising bans, and high taxation under the Tobacco Control Act of 2007, but the new bill aims to tighten enforcement and address illicit trade.
Local bar owners, including Juliet Yewa, echoed concerns that while they support public health measures, the bill could impose unintended costs on businesses, especially those that do not sell tobacco products. She urged lawmakers to engage industry stakeholders before debating the bill. Committee member Bob Andala added that operators need at least 90 days to prepare and educate members before offering their views.
Matoka reaffirmed that bar owners are ready to work with government, provided they are fully involved in the process, and announced plans to hold credible elections to establish bona fide officials for the association.
By Fredrick Odiero
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