A proposed Tobacco Bill 2018 has been dismissed by Tobacco operators- retailers, traders, distributors and board- for being “too oppressive”.
The Bill, which is currently at the public participation stage, seeks the creation of a County department responsible for health, which will issue licences for retailers of tobacco and anybody found manufacturing, distributing or selling any tobacco product within Nairobi will have to follow the law.
If not, the manufacturer, wholesaler or distributor will be fined up to Sh50,000 or one-month imprisonment while a retailer will face Sh10,000 fine or one month in prison, also employing the under-aged to sell or supply any tobacco product will attract fines as well.
However, the Retail Association of Kenya and the British American Tobacco have retaliated, arguing that if the Bill is signed, the law will push many small businesses out of work and negatively disrupt the country’s tobacco sector.
“While we understand the need for sensible regulation, the extreme restrictions at the point of sale, for instance, may result in unintended consequences like harassment and arrests,” said
British American Tobacco (BAT) Kenya Managing Director Beverly Spencer.
Acting Chief Executive of the Kenya National Chamber of Commerce George Kiondo said the new licensing requirements has the potential to increase illicit trade and sale of substandard goods, therefore posing a huge problem for the industry and the country at large.
“In this regard, the chamber would like to urge the health services committee of Nairobi City County to rethink their proposals on the Bill so as to provide an enabling business environment for the economy,” He said.