Kisumu Small Business Association Opposes Tobacco Amendment Bill,Citing Overregulation Threats to the Sector

KISUMU, Kenya, September 15th –Kisumu County Small Business Owners have voiced strong opposition to the Tobacco Control (Amendment) Bill of 2024, currently up for discussion in the Senate, expressing concerns over excessive regulations affecting their industry.

Sponsored by nominated Senator Catherine Mumma, the Bill aims to impose stricter controls on the production, sale, advertisement, and consumption of nicotine products, including both natural tobacco and synthetic alternatives such as nicotine pouches and vapes.

During a press conference in Kisumu on Monday, September 15, 2025, business leaders, including Paul Chrispine, highlighted their concerns.

They argued that the proposed legislation will make it illegal to engage in hawking tobacco products and will prohibit advertising, offering for sale, or selling tobacco products on any online or digital platforms, including social media and video-sharing sites. Furthermore, the Bill seeks to ban flavoured nicotine products.

As business people in the tobacco industry, we view the Senate’s actions as overregulation. We firmly believe this approach will lead to two significant issues: First, the increased restrictions will harm our businesses. With tighter laws, our ability to supply these products efficiently will diminish, ultimately resulting in a loss of sales,” stated Paul.

He added that implementing this law will create openings for illicit and counterfeit goods in the market, which are neither regulated by the Kenya Bureau of Standards nor the Ministry of Health and are subject to Kenya Revenue Authority taxes.

This, he noted, will happen as legitimate businesses struggle under stringent regulations, unscrupulous traders are likely to exploit the situation, offering substandard products through the black market.

Crispine Paul guided business owners in expressing that the tobacco industry is already well-regulated. Photo Courtesy 

The business owners conveyed their perspective that the tobacco industry is already sufficiently regulated.

“There is the Tobacco Control Act of 2007 in place, which established strict rules governing the production, sale, and consumption of tobacco and nicotine products,” Paul asserted.

He further emphasised that the Senators must reflect on their mandate and Parliament’s motto—”For the Welfare of Society and Just Government of the People.”

They need to consider whether passing such laws will protect the welfare of citizens or hinder business owners from sustaining their livelihoods.

Sally Ochieng, a member of the association, acknowledged the necessity of health considerations but stressed that regulations should also regard the broader population’s needs.

She urged the Senate to enhance public participation in the legislative process surrounding this Bill to create balanced amendments that do not overly burden businesses while still addressing health concerns.

We call upon the Senate to rethink this Bill, recognising that we are already over-regulated. A thorough consultation process is essential to ensure the final outcome reflects the wider hopes and aspirations of the Kenyan populace,” Sally stated.

The association also appealed to Nakuru Senator Hon. Tabitha Keroche, who has a profound understanding of the industry and the challenges business owners face when bypassed by decision-makers, to advocate against passing the Bill in its current form, ensuring the voices of the wider population are heard.

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