Court suspends new tobacco sector laws

What you need to know:

  • Justice Mumbi Ngugi said the law had been suspended until a petition filed by British American Tobacco (BAT) is heard and determined.
  • BAT said that it was not consulted on the new regulations, which it claimed would negatively impact on the tobacco industry.

Cigarette makers have won the first battle against new tough laws that require them to disclose the quantity of the products they produce in Kenya every year.

The rules also impose a ban on smoking in private vehicles carrying children. The law was to come into force this month.

Justice Mumbi Ngugi said the law had been suspended until a petition filed by British American Tobacco (BAT) is heard and determined.

“BAT has made out a strong case, which raises critical issues on the process of enacting the regulation, whether it complied with the Constitution and whether their rights will be violated if the law comes into force,” ruled Judge Ngugi.

The court cannot turn a “blind eye” in the name of protecting public interest when there is a possibility of greater damage through violation of the rights of other entities, ruled the judge.

NOT CONSULTED

BAT said that it was not consulted on the new regulations, which it claimed would negatively impact on the tobacco industry.

“The cost of complying with the regulations is enormous and risks shutting down businesses. The regulations constitute unnecessary restriction, which goes beyond known principles of tobacco control,” said the company.

Judge Ngugi agreed with BAT that the rules not only threaten existence of manufacturers but also tobacco farmers, local printing companies, over 1,000 people employed in the firms, over 80,000 workers in the supply chain, retailers and tobacco products stockists.

She said the Ministry of Health did not deny that the regulations were not formulated in accordance with the Constitution.