British American Tobacco Ltd v Cabinet Secretary for the Ministry of Health & 2 others; Kenya Tobacco Control Alliance & another (Interested Parties); Mastermind Tobacco (K) Ltd (Affected Party) (Civil Appeal 112 of 2016) [2017] KECA 763 (KLR) (17 February 2017) (Judgment)

Facts

The case arose from the Tobacco Control Regulation 2014 published by the Cabinet Secretary for Health, which was challenged by British American Tobacco Ltd.

Issues

1. Whether the process leading to the making of the Regulations was vitiated by lack of public participation and consultation.
2. Whether the specified provisions of the Tobacco Act and Regulations are unconstitutional, ultra vires or otherwise illegal.
3. Whether the learned Judge's findings on issues (i) and (ii) were correct.
4. Whether the learned judge's views on the health effects of the tobacco products were relevant to the proceedings.
5. Whether specific Regulations identified by the appellant violated the appellant's rights as alleged.
6. Whether the appeal should be allowed or dismissed.

Reasoning

The court found that the process leading to the making of the Regulations was not vitiated by lack of public participation and consultation, and the specified provisions of the Tobacco Act and Regulations were not unconstitutional, ultra vires or otherwise illegal.

Outcome

Appeal dismissed

Authorities cited