Supreme court Justice Njoki Ndung’u yesterday dismissed a petition by the British American Tobacco (BAT) on Tobacco Regulations. The judge upheld that the Tobacco Regulations of 2014 were constitutional and that they protect the Kenyans.
The regulations, in the judge’s opinion, stand to protect the health of the people, which should be the priority.
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Earlier, BAT challenged the 2014 Tobacco Control regulations which charged the tobacco industry a 2% fee to compensate people affected by smoking.
According to BAT, it is unclear whether the 2% levy is on the final product or the raw materials. Furthermore, BAT states that there was not enough public participation in the formation of the law.
“It is not enough for the appellant (BAT) to say that the limitations are not justifiable. The limitation has to be weighed against the larger society. Regulations have to consider the health of the people. Besides, the issues of tobacco and its impact on health is now a debate worldwide,” said Justice Njoki Ndungu.
The 2014 Regulations require that tobacco companies pay solatium compensation and contribute to tobacco research. Besides, the regulation requires manufacturers to include graphic and text warnings on the effects of smoking on the pack.
Lastly, the rules ban smoking in public places and limited interactions between the tobacco industry and public officials.
