By Our Reporter
As the Senate prepares to debate the Tobacco Control (Amendment) Bill, 2024, Kenya’s grassroots business community is sounding the alarm over what they describe as a law that, though well-intentioned, risks devastating small enterprises already struggling to survive.
The Kisumu Business Community, led by Sally Ochieng, has emerged as one of the most vocal critics of the Bill’s licensing provisions. Ochieng warns that the legislation, if passed in its current form, could “cripple thousands of small traders who are already walking a tightrope to survive.”
At the heart of the dispute is a proposal to empower county governments to introduce a second, tobacco-specific licence on top of the existing Single Business Permit. Proponents argue this will strengthen tobacco regulation for public health reasons, but traders fear it represents duplication, higher costs, and an extra layer of bureaucracy.
“We are not against regulation,” Ochieng told reporters in Kisumu. “But this Bill proposes an extra licence that adds cost without clear benefit. What small trader in Kisumu, or anywhere, can afford two licences just to keep their kiosk running?”
Retail stakeholders across the country share her concerns, arguing that the new system would punish low-margin businesses and potentially drive many into non-compliance or the informal sector,
undermining the Bill’s public health goals. A deeper worry is that granting counties additional licensing powers could open the door to corruption and exploitation. Ochieng warns that, without safeguards, rogue officials could use the new powers to harass traders.
“We’ve seen how business permits can be weaponised. Giving counties more licensing authority risks turning honest business into acash cow for corrupt officials,” she cautioned.
Such fears are compounded by Kenya’s uneven history of enforcing licensing laws, which in some counties has been marred by bribery, harassment, and a lack of recourse for aggrieved traders. The Kisumu Business Community also argues that the Bill could amount to a form of double taxation, since traders would still need a Single Business Permit while paying for a tobacco-specific licence.
“This is not just about tobacco, it’s about setting a dangerous precedent where any ‘sensitive’ product could attract its own licence,” Ochieng warned. “Today it’s tobacco. Tomorrow it could be sugar or soft drinks. Where does it end?”
Critics say this fragmented regulatory approach risks creating a hostile environment for business, discouraging entrepreneurship, and shrinking Kenya’s already fragile formal sector.
Despite their objections, Ochieng and her colleagues insist they do not oppose tobacco regulation per se. Instead, they are calling for a more consultative approach that incorporates the perspectives of both public health experts and the business community.
“Let’s craft a law that saves lives without destroying livelihoods,” she urged. William Okonya, another stakeholder, echoed this sentiment: “There’s a middle ground, smart regulation that is both enforceable and economically viable.”
As the Bill moves into the committee stage, the pressure is on lawmakers to strike the delicate balance between protecting public health and preserving small businesses. The fate of thousands of traders, and the credibility of the government’s commitment to inclusive policymaking, now hangs in the balance.
