In an application before Kenyan High Court Judge Mumbi Ngugi, British American Tobacco Kenya has said it is unable to comply with the country’s Tobacco Control Regulations 2014 because the Ministry of Health has yet to publish technical details of the Act, according to a story by Carol Maina for The Star.
The act requires, among other things, that cigarette manufacturers print graphic health warnings on packs from June 1.
However, the company’s attorney, Walter Amoko, told the court that the petitioner was unable to start making preparations for printing health warnings because it did not know exactly what was required.
The company is opposing the directive on the grounds that it believes it is unconstitutional. ‘The Tobacco Control Act requires the manufacturers to contribute two percent of the value of tobacco products manufactured or imported to the Tobacco Control Fund,’ BAT said in documents submitted to the court. ‘It is discriminatory, unfair, unreasonable, oppressive and punitive to the tobacco industry.’
In response to BAT Kenya’s petition, Health Cabinet Secretary James Macharia said the ministry had no further role to play and that tobacco companies had no option but to comply with the regulations.
Macharia declined to supply documents sought by BAT Kenya, saying what was being sought was before the National Assembly.
“The regulations were tabled in parliament on December 11, 2014, and thus they are a matter that has been seized by the National Assembly and the ministry has no further role to play but await the report from Parliament,” he said.
BAT Kenya’s head of legal affairs Simukai Munjanganja reportedly said the firm would not comply with the regulations in the absence of the technical information sought.