TOBACCO CONTROL LAWS

In Re British American Tobacco Kenya v. Ministry of Health, Ruling on the Application for Joinder

Seven private entities petitioned seeking to join the 2016 litigation initiated by British American Tobacco Kenya PLC (BAT) against Kenya's Ministry of Health. This litigation challenged the 2014 Tobacco Control Act regulations. On November 26, 2019, the Supreme Court dismissed BAT's appeal, upholding nearly all elements of the regulations and affirming the lower court's decision.

In 2024, the petitioners sought to be recognized as parties to the now-concluded case and to request a review of the 2019 Supreme Court judgment. Under Section 21A of Kenya's Supreme Court Act, only parties to a case can apply for a judgment review, making this application a necessary procedural step.

Kenya's Supreme Court rejected the petitioners' application, holding that it was misguided and frivolous since it was filed five years after the proceedings in which the petitioners sought to be involved in concluded.

 

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In Re British American Tobacco Kenya v. Ministry of Health, Ruling on the Application for Joinder No. 5/2017, Supreme Court (2024).

  • Kenya
  • Nov 22, 2024
  • Supreme Court of Kenya
View Case History

Parties

Plaintiff

  • Kiambu County Welfare Association
  • Chania Group
  • Malewasibis Association
  • Alkeblun Group
  • Nongaimwara Association
  • Matgac Association
  • Perseguir Group

Defendant

Legislation Cited

Tobacco Control Regulations, 2014

Tobacco Control Act, 2007

Supreme Court Act 2011

Supreme Court Rules 2020

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)

Substantive Issues

Right to Political Participation
This is the right to participate in the political system.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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