It’s victory at last for millions of Kenyans following the long awaited ruling on a petition filed by BAT challenging the Tobacco Control Regulations 2014.
Following the publication and gazetting of the Tobacco Control Regulation back in December 2014, as expected, British American Tobacco [BAT] decided to challenge the regulations in court. The battle has gone on for over a year. This prolonged court battle sparked a lot of anxiety among the Kenyan publics who are concerned about health.
The main contentions that BAT chose to challenge were: The legality of the regulations according to the constitution; the process of their making; and contravention of the tobacco control act by some sections of the regulations.
The ruling that was made by the presiding judge, Justice Mumbi Ngugi, found the regulations to be duly and legally constituted as per the provisions of the constitution. Following this ruling, the tobacco control advocates and the Health ministry could not hide their joy for the victory.
According to the judgement made, the Tobacco Control Regulations 2014 will come into effect 6 months from the day the ruling is made. Precisely, the regulations will come into effect in September 2016.