BAT suit on new laws premature, says Health minister

What you need to know:

Health secretary James Macharia says BAT is trying to interfere with Parliament’s discussion of the laws.
He adds that his ministry and the Tobacco Control Board are awaiting the legislators’ decision on the regulations.

Health secretary James Macharia wants the High Court to throw out a suit challenging the enactment of new tobacco laws, arguing that it was filed prematurely, as the regulations are still being debated by Parliament.

Mr Macharia says in court papers that British American Tobacco (BAT) is trying to interfere with Parliament’s discussion of the laws. He adds that his ministry and the Tobacco Control Board are awaiting the legislators’ decision on the regulations.

BAT wants the court to quash the new laws that will require cigarette manufacturers to pay a two per cent solatium (contribution) to a fund for people harmed by tobacco products.

Manufacturers will also have to publish graphic images on cigarette packets to discourage smoking. BAT holds that the laws are unconstitutional.

“BAT’s suit seeks to pre-empt the debate and passage of the regulations by Parliament and this would amount to interference of Parliament’s legislative mandate. The regulations are awaiting parliamentary approval. BAT’s suit is premature,” Mr Macharia says in his response to the suit.

The cigarette manufacturer says that slapping it with the contribution demand was unfair because it pays billions of shillings in taxes. The firm paid Sh14.5 billion in taxes last year.

BAT had told the court that the new regulations will be enacted on June 5, but Mr Macharia says no such date exists.

READ: Tobacco firms seek Senate help to suspend strict rules

The cigarette maker has also accused Mr Macharia of refusing to furnish it with details of the graphic images and messages that manufacturers will be required to publish.

But Mr Macharia says he had informed BAT that it is yet to write a detailed report on the requirements as it was yet to know the fate of the regulations.

BAT wants the government to provide it with a digital storage device and guidance documents on the application of the graphic images.

Mr Macharia reckons that Attorney-General Githu Muigai had informed the cigarette manufacturer that this can only happen after the Health CS has received Parliament’s report.

“Prof Muigai through a letter dated April 22 informed BAT that the technical repositories shall be released to it after the Health secretary receives the Parliamentary report.”