Kenya's Supreme Court upholds anti-smoking laws in defeat for tobacco industry

Kenya’s Supreme Court recently upheld the country’s anti-smoking regulations by dismissing a “meritless” appeal by British American Tobacco (BAT) and other challengers. The decision ends the tobacco industry’s legal challenges to a law that is critical to protecting public health.[1].

Measures to protect public health

Adopted in response to the health emergency related to tobacco use, Kenya's tobacco control laws include requiring graphic warnings on tobacco packages, enhanced protection against exposure to second-hand smoke, and the establishment of an annual fund financed by tobacco companies to cover the health costs associated with their products. These measures aim to reduce the public health impacts of tobacco, while establishing the responsibility of tobacco companies for the health costs of tobacco.

An industry in search of flexibilities

Since the law was passed, BAT has made numerous attempts to influence public health policy, including opposing measures such as graphic health warnings on tobacco packaging and the requirement to contribute to a fund to offset the costs of smoking-related illnesses. These attempts have included legal challenges, but the Supreme Court has consistently upheld the legitimacy of the measures in place. In the words of the Supreme Court, these actions constitute a “clear attempt to exploit the Kenyan judicial system to protect commercial interests at the expense of public health.”

The pressure from BAT is not new. In 2021, the tobacco company successfully secured a temporary relaxation of the regulations on health warnings to be affixed to nicotine pouches, which were reduced to 15 % of the packaging surface instead of the 33 % initially planned. However, the government has since reversed this concession and proposed such stricter warnings on packaging from 2024.[2].

A commitment welcomed for the health of citizens

The ruling was widely welcomed by public health organisations, including the Campaign for Tobacco-Free Kids, which praised Kenya for its determination to confront the tobacco industry. The laws are seen as a model in the global fight against tobacco, demonstrating that strong regulation can withstand pressure from multinationals.

By upholding the validity of these measures, the Supreme Court of Kenya reaffirms the priority given to protecting citizens from the dangers of tobacco. According to health organizations, this decision is a major step for public health, reinforcing hopes of a lasting reduction in the impact of smoking in the country.

©Tobacco Free Generation

RK

[1] https://www.tobaccofreekids.org/press-releases/2024_11_26_kenya-supreme-court-upholds-strong-tobacco-control-law (accessed 11/27/2024)

[2] https://www.generationsanstabac.org/fr/actualites/kenya-un-cigarettier-fait-du-chantage-au-gouvernement-pour-assouplir-les-reglementations-des-sachets-de-nicotine/ (accessed 11/27/2024)

National Committee Against Smoking |