British American Tobacco (BAT) Kenya is facing a Sh4.5 billion constitutional petition over the marketing of its VELO nicotine pouches, with petitioners accusing the tobacco company of breaching Kenya's tobacco control laws through a campaign they claim targeted young consumers.
The case, filed before the Constitutional and Human Rights Division of the High Court, seeks Sh1.5 billion to establish a public health fund for nicotine addiction treatment, tobacco cessation programmes and public awareness campaigns. The petitioners are also seeking Sh3 billion in punitive damages against BAT Kenya. The claims remain allegations that are yet to be determined by the court.
The petition further asks the court to compel BAT Kenya to immediately recall VELO nicotine pouches from the market and stop the ongoing marketing campaign pending the hearing and determination of the case.
According to the court filings, BAT Kenya allegedly promoted VELO through entertainment venues, peer promoters and the sale of individual nicotine pouches in a manner the petitioners argue violated Kenya's tobacco control framework and exposed young people to nicotine products.
The suit does not only target BAT Kenya.
It also names the Tobacco Control Board, Health Cabinet Secretary Aden Duale, the Director of Public Prosecutions, and the Attorney General, accusing them of failing to enforce existing tobacco control laws and regulations.
The petition raises broader questions about regulatory oversight and whether public agencies have done enough to monitor the marketing of newer nicotine products entering the Kenyan market.
The High Court has not made any findings on the merits of the case.
Justice Gregory Mutai has directed all respondents to file their responses before the matter returns to court on October 8 for further directions.
The outcome of the petition could have significant implications for the marketing and sale of nicotine pouches and other alternative nicotine products in Kenya, particularly if the court finds that existing laws were breached.
BAT Kenya and the other respondents will have an opportunity to respond to the allegations before the court makes its determination.
