By Caroline Katana
Tension is rising among small business owners in Kwale County after they openly opposed the Tobacco Control (Amendment) Bill 2024, currently under debate in the Senate.
The traders claim the Bill is unconstitutional, anti-business, and is being pushed without proper public participation.
Addressing the press briefing in Ukunda, the chairman of the Kwale Bar Owners Association, Richard Onsongo, accused the Senate of pushing the Bill without consulting business stakeholders.
“They want this Bill passed by December 5 and then sneak in another one targeting bars. They are transferring licensing powers from county governments to the national government. We reject this because we were never involved,” said Onsongo.
Threat of Court Action
Onsongo noted that the Bill has already gone through its first and second readings and is now headed for the third, yet no proper consultations have been held.
“The Constitution says no law can pass without public participation. We are the key stakeholders, but we were excluded. If this Bill continues, we will seek legal redress in court,” he warned.
Kwale County Bar and Restaurants Owners Association chairperson, Richard Onsongo
He further criticized provisions that hand over sweeping powers to the national Cabinet Secretary for Health, including the ability to ban both cigarettes and alcohol at will.
Warning to Senators
Onsongo directly cautioned Senators, whom he accused of repeatedly supporting anti-business legislation.
He also urged businesspeople to prepare to run for political seats in the next elections to safeguard their interests.
‘Public Participation Is Not a Nairobi Affair’
The traders dismissed the practice of conducting public hearings at the Kenyatta International Convention Centre (KICC), where only a handful of people are invited.
“The Senate belongs to the counties, and every county has a Senator. Public participation must be held here at the grassroots. It should not be done in Nairobi at night and then declared complete. That is not democracy,” Onsongo emphasized.
Voices from the Grassroots
Pauline Wanja, chairlady of Msambweni Bar Owners, said the Bill will impose new licenses that will burden small traders already struggling to pay current fees.
“This Bill looks designed to finish our businesses. We demand proper consultations. Let the Senate give at least a month for citizens to read, understand, and give feedback, not last-minute rushes in Nairobi,” she said.
Msambweni bar owners’ chairlady, Pauline Wanja
Another trader, Juma Masoud Ngando, echoed the frustrations, accusing Senators of betraying Kenyan businesses
“Senators were given the seats to serve the Kenyan people, but instead they oppress us. They scrapped bursaries, now they want bar licensing taken to the national government. We cannot allow that. Public participation must be done here in Kwale if it truly represents us,” Ngando said.
Ngando stressed that traders pay heavy taxes and deserve respect.
“We are the backbone of revenue collection. If the government doesn’t listen to us, who will it listen to? We cannot keep paying taxes and at the same time be overburdened with unlawful restrictions,” he added angrily.
Kwale businessman, Juma Masoud Ng’ando
Nationwide Resistance
The Kwale business owners join their counterparts from Meru, Nyeri, Nakuru, and Kisumu, who have also rejected the Bill, citing inadequate public consultations.
Sponsored by ODM Nominated Senator Catherine Mumma, the Bill seeks to amend the Tobacco Control Act of 2007. Among its proposals are:
Banning hawking, vending from vehicles, or the mobile sale of tobacco products.
Prohibiting the advertising, promotion, and sale of tobacco products on digital platforms, including social media.
Outlawing flavored nicotine products, with offenders facing fines of up to KSh 50,000 or six months in jail.
The traders insisted that the Bill must not proceed until genuine county-level public participation is conducted.
They threatened to sue if the bill was not withdrawn, warning the senators of dire consequences at the 2027 ballot.
