This archive report was first published on 27 November 2019.
On November 27, 2019, Supreme Court Justice Njoki Ndung'u delivered a landmark ruling, dismissing a petition by British American Tobacco (BAT) on Tobacco Regulations.
The judge upheld the constitutionality of the Tobacco Regulations of 2014, which were enacted to protect the health of Kenyans.
According to Justice Ndung'u, the regulations prioritize the health of the people, a stance that is now a global debate.
Earlier, BAT had challenged the 2014 Tobacco Control regulations, which imposed a 2% fee on the tobacco industry to compensate people affected by smoking.
However, the judge ruled that the limitation on the tobacco industry was justifiable, considering the larger societal impact.
Justice Ndung'u emphasized that regulations must consider the health of the people, and the tobacco industry's concerns about the 2% levy and public participation were not enough to justify overturning the regulations.
The 2014 Regulations require tobacco companies to pay solatium compensation, contribute to tobacco research, and include graphic and text warnings on cigarette packs.
Additionally, the regulations ban smoking in public places and limit interactions between the tobacco industry and public officials.
