Tobacco firms fight rules in Supreme Court

Several precedent-setting cases have been made by courts this year with some reaching the Supreme Court, the highest court in the land.

One of the cases that found its way to the Supreme Court is a matter that pitted tobacco manufacturer British American Tobacco Kenya Limited and Mastermind Tobacco Kenya Ltd, as they challenged regulations published by the Cabinet Secretary for Health in 2014.

A bench of five judges, among them Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and Justices J.B. Ojwang, Smokin Wanjala and Njoki Ndung’u agreed with the Ministry of Health and dismissed the case by the tobacco makers.

The two companies had accused the minister for coming up with rules without engaging stakeholders and the public.

Among the regulations faulted was the packaging and labelling of tobacco products, which they argued as being unreasonable. The packaging requires, among other issues, the companies to display warning images but the companies argued that some information required to be disclosed under Regulation 42 comprises manufacturer’s trade secrets or sensitive information, which is protected. But the Supreme Court said there was public participation.

“We find that there is no way the Regulations can be legitimately made without the CS for Health factoring in the consequences and or impact of Tobacco use. Such an approach will be akin to the proverbial ostrich burying its head in the sand,” the Judges said.