Bar owners demand immediate withdrawal of Tobacco Bill from Senate

Caption:Kwale Bar owners demand immediate withdrawal of Tobacco Bill from Senate. VIDEO/K24TV

The Kwale Bar Owners and Restaurant Association has demanded the immediate withdrawal of the Senate amendment Bill on tobacco control, warning it would cripple their businesses if passed.

The Bill, currently awaiting the committee stage when the Senate resumes sittings after its recess next week, seeks to amend the Tobacco Control Act of 2007 to further regulate the production, sale, advertisement, and smoking of nicotine products. 

This includes natural tobacco and synthetic products such as nicotine pouches and vapes.

If enacted, the law would outlaw the sale of tobacco products through hawking, vehicles, or mobile vending.

Also watch: Small-scale traders in Kisumu oppose tobacco control

Offenders would face a fine not exceeding Ksh50,000, a jail term of up to six months, or both. 

It also prohibits advertising, offering for sale, or selling tobacco products on online or digital platforms, including social media, video-sharing platforms, and other digital content channels.

Speaking on Wednesday, September 17, 2025, the Association chairperson, Richard Onsongo, accused the Senate of violating the Constitution by excluding locals and stakeholders from public participation.

“We are key stakeholders, yet we were not consulted. The practice of gathering a few people in Nairobi and claiming that everyone was represented must end,” Onsongo said.

He further criticised the Bill, saying it seeks to give the Health Cabinet Secretary excessive powers contrary to the Constitution, and warned that once passed, bar owners would be the next target of restrictive policies.

Also watch: Nyeri traders oppose Senate move to ban flavoured nicotine products

Onsongo threatened to punish senators behind the Bill at the ballot in 2027, vowing that business owners would vote them out.

He also accused the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) of overstepping its mandate.

“I wonder why NACADA is too involved when we already have a Tobacco Control Board that can handle this work,” he said.

The chair maintained that the Senate should stop the Bill or face a court battle from bar and restaurant owners.

Other concerns

Msambweni Sub-County Bar Owners Chairperson Pauline Wanja also vowed to oppose the Bill, saying it would further burden already struggling business owners.

According to her, the proposed law introduces additional licensing requirements on top of those bar and restaurant operators are already struggling to meet.

“The Bill adds more licenses while we are still struggling to pay for the ones we already have,” Wanja said.

Businessman Juma Ngando also urged senators to withdraw the Bill and, if necessary, return it to the public participation stage.

He argued that the process lacked inclusivity, claiming only a handful of people were consulted.

Ngando accused the senators of attempting to kill businesses instead of safeguarding them.

Their sentiments echo similar concerns raised by small business owners and retailers in Meru, Nyeri, Nakuru, and Kisumu, who have also opposed the Bill.

They argue that it lacks adequate public consultation as required by law and fear it could be passed by the Senate without incorporating the views of the public.