The Supreme Court is set to deliver its judgement on tougher tobacco control measures set by the Ministry of Health (MoH) which BAT Kenya has opposed on grounds that it was unconstitutional.
The UK-based multinational appealed at the Supreme Court in 2017 after the Court of Appeal upheld a decision made by the High Court in favour of MoH.
The Supreme Court is set to deliver its judgement on tougher tobacco control measures set by the Ministry of Health (MoH) which BAT Kenya has opposed on grounds that it was unconstitutional.
The UK-based multinational appealed at the Supreme Court in 2017 after the Court of Appeal upheld a decision made by the High Court in favour of MoH.
“Take note that this matter is coming up for judgement on Friday, October 25, at 10 a.m before the Supreme Court of Kenya,” said the Registrar of the Supreme Court in a notice.
In 2014, the Cabinet Secretary of Health established regulations that were meant to operationalise the Tobacco Control Act 2007 and that were to come into force on June 5, 2015.
Two months before the effective day, BAT filed a suit against the MoH cabinet secretary challenging the constitutionality of the new rules that include graphic warnings printed on cigarette packets and annual levies payable by tobacco firms that will go towards treating cancer patients.
The tobacco giant sought temporary orders seeking the stay of the regulations pending hearing and determination of its appeal. In March 2016, the High Court ruled against BAT, igniting proceedings at the Court of Appeal.
A year later, the BAT lost its appeal at the Court of Appeal hence its decision to move to the Supreme Court to challenge the regulations.
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