A man smokes a cigarette. BAT is fighting new tobacco regulations. PHOTO | FILE |
What you need to know:
BAT wants the Ministry of Health to provide details of graphic health warnings to be printed on packets ahead of a June deadline.
BAT says details would give clarity as to the size of the health warnings that the packets should carry and how to apply them.
BAT made the revelation even as it maintained that its is still opposed to the regulations, terming them unconstitutional.
Cigarette manufacturer British American Tobacco Kenya (BAT) wants the Ministry of Health to provide details of graphic health warnings to be printed on packets ahead of a June deadline.
BAT says it has written to Health Secretary James Macharia and the Tobacco Control Board requesting the information, but none of the parties has responded.
As a result, Simukai Munjanganja, the firm’s head of legal affairs says in court documents that BAT is unable to comply with provisions of the Tobacco Control Regulations 2014.
“The first respondent has failed to provide the information sought on the basis that the regulations have been tabled before the Parliament,” he said.
The Health ministry is yet to respond to BAT’s application.
The cigarette maker argues that the tabling of the regulations before Parliament does not stop the ministry from providing it with a digital storage device and guidance documents on the application of the pictograms.
The digital storage, BAT says would give clarity as to the size of the health warnings that the packets should carry and how to apply them.
BAT made the revelation even as it maintained that its is still opposed to the regulations, terming them unconstitutional.
Shut down
The firm has moved to the High Court seeking to halt implementation of the rules that are expected to come into force by June 5 on grounds that the cost of complying with will be enormous and would may eventually force some firms in the industry to shut down.
Under the new regulations players in the industry will be required to pay a Solatium Compensatory Contribution every financial year amounting to two per cent of the value of tobacco products that have been manufactured or imported.
The firm says that the contributions are oppressive as tobacco manufacturers are already exposed to other taxes adding that they had paid Sh14 billion in taxes in the last financial year.
“The Solatium contribution will have a significant effect on the petitioner putting at risk further investment and the more than 80,000 direct and indirect employment opportunities generated in Kenya,” argues BAT.
The new graphic images are meant to discourage smoking of cigarettes.
The matter will be mentioned before Justice Mumbi Ngugi on May 6.
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