Court Dismisses Suit to Outlaw Tobacco

A Kenyan court dismissed a petition by Ibrahim Mahmoud challenging the legality of the production, manufacturing and use of tobacco products, reports Business Daily.

The suit requested that the government ban the production, supply, management, dissemination, consumption and use of tobacco products and cigarettes as well as requesting that cancer be declared a tobacco-related ailment and a national disaster requiring special administrative action.

The suit was dismissed by Justice Hedwig Ong’udi on grounds that the petitioner did not prove that the Tobacco Control Act and the Tobacco Control Regulations 2014 are contrary to the constitutional provisions that were allegedly violated.

“It is not, therefore, enough for the petitioner to solely rely on his dissatisfaction in the use and legalization of tobacco products in Kenya. He should avail [sic] evidence to show how the statute and regulations are contrary to the provisions of the constitution complained of,” Ong’udi said.