Bar owners and retailers have filed an urgent petition at the Senate urging the House to suspend debate on the Tobacco Control (Amendment) Bill, 2024, until proper public participation is conducted.
The petition, lodged on November 28, 2025, by the Kenya Association of Hotelkeepers and Caterers (KAHC) and the Retail Traders Association of Kenya, accuses the National Assembly of rushing the legislation through without meaningful consultation with consumers, retailers, manufacturers, and other stakeholders.
The bill, sponsored by Makueni MP Daniel Maanzo, seeks to strengthen tobacco regulations by banning open-air smoking, restricting advertising, and imposing stricter packaging rules. Critics argue these measures could devastate the hospitality and retail sectors, which employ over 1.2 million Kenyans.
KAHC Chairman Mohamed Haji told reporters outside Parliament that the bill threatens 500,000 jobs in the bar and restaurant industry alone. "We are not against public health; we support smoke-free environments," Haji said. "But this bill was drafted in secret, with no input from the people it affects most. Banning outdoor smoking would close half our terraces and rooftops—places where families gather, tourists dine. How do you justify putting 200,000 waiters and cooks out of work without a single stakeholder meeting?"
Retail Traders Association Secretary General Alice Wanjiku echoed the concerns, noting that the proposed advertising ban would cripple small kiosks that earn 30 percent of revenue from tobacco sales. "Our members in Gikomba and Toi Market—women mostly—rely on cigarette and snuff sales to feed their families," Wanjiku said. "The bill ignores the informal sector, where 80 percent of tobacco is retailed. No public hearings, no economic impact assessment—just a rush to pass it before December recess."
The petition, filed under Article 118(1)(b) of the Constitution on public participation, demands that the Senate reject the bill or return it for re-tabling with stakeholder input. It cites the 2017 Supreme Court ruling in the BBI case that nullified constitutional amendments for failing public involvement.
Senate Majority Leader Kimani Wamatangi acknowledged receipt of the petition during Thursday's session. "The Senate takes public participation seriously," Wamatangi said. "The bill will be referred to the relevant committee for scrutiny, including hearings across the country."
Minority Whip Millie Odhiambo welcomed the traders' action. "This is democracy in action," she said. "The National Assembly has a habit of passing bills without input from the people they affect. The Senate must now do better."
Health Cabinet Secretary Nakhumicha S Wafula defended the bill as essential for public health. "Tobacco kills 10,000 Kenyans annually," she said. "The amendments align with WHO guidelines. We are open to dialogue, but lives cannot wait for endless consultations."
The Kenya Medical Association supported the bill but called for impact assessments. "We applaud the intent, but job losses must be mitigated," KMA President Dr Davis Macharia said.
Public hearings are expected to begin in early 2026, with the Senate Committee on Health chaired by Senator Manduku Daud set to lead the process.
