The new laws which govern the manufacture, sale and advertising of tobacco products have taken effect immediately after a case filled to challenge them was dismissed.
A three judge bench of the Court of Appeal on Friday declined to grant the orders sought by Cigarette manufacturer British American Tobacco Kenya Ltd (BAT), saying it is their finding that, “the High Court decision which is being challenged is sound and is therefore upheld.”
BAT was appealing a High Court decision which had upheld the implementation of the health warnings contained in the 2014 Tobacco Control Regulations.
High Court Lady Justice Mumbi Ngugi said the Tobacco Control Act has very clear objectives of safeguarding individuals and the public from the dangers posed by consumption of tobacco.
According to the Act, consumption of tobacco has been implicated in causing debilitation, disease, and death.
“The regulations which are contested in this petition are intended to safeguard the public, those who smoke and those who do not, and to provide certain information with regard to the contents of tobacco products,” explained Judge Ngugi.
The judge also allowed the enforcement of the Tobacco Control Fund which was contested, saying that the reason behind the establishment of the fund was to assist the State deal with the adverse effects of tobacco consumption.