A storm is brewing in the coastal business community. Mombasa traders have vehemently rejected the proposed Tobacco Control (Amendment) Bill 2024, warning that the blanket ban on nicotine pouches and flavours will not save lives but will instead hand the market over to criminal cartels.

In a heated reaction to the Bill currently before the Senate, business owners argue that the legislation is a gift to the illicit trade networks that already control over 50% of the market. They contend that by criminalizing legitimate products, the government is creating a vacuum that will be instantly filled by unregulated, unsafe, and untaxed alternatives, effectively punishing law-abiding citizens while rewarding smugglers.

The Illicit Trade Argument

The traders' logic is grounded in harsh economic reality. "When you ban a product that has demand, you don't stop consumption; you just change the supplier," explained Faith Mwende, a Mombasa-based business owner.The Kenya Revenue Authority (KRA) has already admitted to struggling with a market where half of all excisable goods are fake. Adding nicotine pouches to the contraband list, traders argue, is a policy suicide.

• Revenue Loss: The ban threatens to wipe out billions in tax revenue that legitimate businesses currently contribute to the exchequer.
• Safety Concerns: Unlike regulated products, illicit alternatives have no quality control, posing a greater health risk to consumers.
• Business Survival: For small retailers already operating on thin margins, the removal of a key revenue stream could be the final nail in the coffin.

Enforcement vs. Legislation

The pushback highlights a disconnect between legislative intent and ground-level reality. Patrick Kabundu, chairman of the Bar Owners Association, emphasized that existing laws protecting minors are sufficient but poorly enforced. "We support protecting minors, but not through laws that punish adults," he stated. The traders are calling for a focus on strict enforcement of current statutes rather than the introduction of new, unenforceable bans.

As the Senate considers the Bill, the voice from Mombasa is clear: regulation must be practical, not performative. Passing this law in its current form, they warn, will simply turn legitimate businessmen into criminals and criminals into kings.