We estimate that illicit tobacco trafficking in Kenya accounted for more than 12% of the market at the end of 2017 – which brought the government around KSH 2 billion in excise tax revenue and resulted in a lower government contribution to revenues from legitimate cigarette sales. In April 2015, shortly before the regulation came into force in June,57 BAT filed a lawsuit against Kenya`s Ministry of Health, claiming that the regulation was “unconstitutional” and asking that it be rejected.5859 On July 2, 2015, the High Court suspended the implementation of the regulation until a final decision was made. Nearly nine months later, on the 24th. In March 2016, it decided that the rules should come into force in September of the same year with some minor amendments.6061 BAT then appealed, further delaying the implementation of the rules.62 However, in February 2017, the Court of Appeal upheld the Supreme Court`s judgment of 2016.61636465After BAT opened another case before the Supreme Court, the Court of Appeal`s decision was stayed.38 Although the case was heard on April 25, 2018, the Supreme Court did not issue a final decision for 18 months.66 A major threat comes from the illegal cigarette market, which has grown significantly in Kenya in recent years. In 2018, researchers at the African Population and Health Research Center (APHRC) identified industry interference as one of the main barriers to the successful formulation and implementation of tobacco control policies in Kenya.86 According to the 2019 Global Tobacco Industry Interference Index (GTIII) report, Kenya resisted industry participation in policy development and implementation and did not give in to legal challenges. 87 Kenya has banned the corporate social responsibility (CSR) activities of tobacco companies and restricted interaction between industry and government ministers and officials. However, the report found that this measure was not fully implemented; The Cabinet Secretary for Youth and Gender attended an event where BAT received the Employer of the Year award in May 2017.8788 We commend the Kenyan government for its determination to stand up to Big Tobacco. Today`s decision sends an unequivocal message that African governments can and must continue their efforts to reduce tobacco use, even in the face of legal challenges posed by tobacco companies. Globally, the world`s largest tobacco multinationals are increasingly losing litigation to block, delay and delay tobacco control. We believe it is extremely important for governments to put in place sustainable tax systems and economic policies that curb the growth of illicit trade, with strict border controls and more aggressive enforcement measures, including the closure of manufacturers, distributors and distributors that facilitate the illicit tobacco trade. “legal person” means a non-governmental organization and any other body legally recognized as a separate body from its members; Washington, D.C.
– Kenya`s Supreme Court today upheld the country`s 2014 tobacco control regulations, upheld the findings of two lower courts and dismissed legal challenges by British American Tobacco (BAT) Kenya. The Supreme Court`s decision is a landslide victory for public health and allows the government to implement a law that will help protect Kenyans from the devastating consequences of smoking. As a party to the World Health Organization`s Framework Convention on Tobacco Control, Kenya has an international obligation to implement evidence-based tobacco reduction measures. The country`s legal measures have been reviewed by our legal staff in consultation with local lawyers or tobacco control experts. The purpose of this Act is to establish a legal framework for the control of the production, manufacture, sale, labelling, advertising, promotion, sponsorship and use of tobacco products, including exposure to tobacco smoke, in order to: a director or officer of the corporation, of the corporation or legal person that tolerates the offence commits a penal offence and, on conviction, shall be punishable by the penalty provided for in this Act for the offence committed by the corporation, partnership or legal person, whether or not the entity, partnership or legal person has been prosecuted. Worldwide, cigarettes are among the most frequently traded products on the black market. With unsustainable tobacco taxation systems, weak border controls and penalties for perpetrators, the illicit tobacco trade is a growing problem. On April 14, 2015, BAT Kenya filed a petition with the Supreme Court insisting that the 2014 tobacco control regulations were “unconstitutional” and requiring that the regulations be rejected altogether. 910 When the High Court ruled against BAT, the tobacco company appealed the case in 2016 and to the Supreme Court in 2017. On the 26th. In November 2019, the Supreme Court of Kenya, the highest judicial authority, decided to uphold the regulations.1112 In 2014, Kenyan politicians proposed new regulations to strengthen the evidence-based framework of the existing Tobacco Control Act.5 The 2014 Tobacco Control Regulations were blocked in Kenyan courts by repeated legal challenges by British American Tobacco (BAT) until November 2019. Today`s decision recognizes that BAT`s legal claims were unfounded and that the tobacco industry`s interference in laws to improve public health will not be tolerated.
The ruling follows a similar ruling against BAT by Uganda`s Constitutional Court earlier this year, when BAT sought to challenge Uganda`s strict tobacco control laws, including smoke-free public places and a ban on the sale of tobacco to anyone under the age of 21. an official has seized tobacco, a tobacco product or an article of tobacco and the owner or person in possession of whom he was in possession at the time of the seizure agrees in writing to his confiscation, Extensive research published in 2021 by the Tobacco Control Research Group of the University of Bath, partner of STOP, and in collaboration with the BBC`s Panorama, the Bureau of Investigative Journalism and the Organized Crime and Corruption Reporting Project have uncovered several cases of British American Tobacco attempting to thwart tobacco control measures in Africa. Subject to this Part, the Fund shall be managed by the accountant of the ministry currently responsible for health matters or by a person designated in writing by that accountant for that purpose, hereinafter referred to as “the manager of the Fund”. a representative of the business community in Kenya appointed by the Kenya National Chamber of Commerce and Industry; All packaging containing a tobacco product must bear the prescribed indication of tar, nicotine and other constituents; this information must appear directly on the right side of the packaging, under cellophane or any other transparent packaging in a clearly visible and visible format and is limited to the disclosure of the contents and not of their quantities. Unless authorized to do so by a public servant, no person shall remove, alter or interfere in any way with the tobacco, tobacco products or other items confiscated. The name of a manufacturer or the brand name of tobacco products may appear on a permanent establishment only if the establishment is owned or leased and used by the manufacturer. multidisciplinary and intersectoral implementation of the Act; and TobaccoTactics resources point to further evidence of how the tobacco industry uses third parties to spread its message and influence decision-makers, for example by establishing alliances with trade associations. As a key player in the tobacco industry, we fully support local governments, regulators and government agencies, including the Kenya Inter-Agency Anti-Illicit Working Group and the Anti-Counterfeiting Agency, regional bodies such as EAC and COMESA, and international organisations such as the World Trade Organisation and the World Health Organisation to eliminate all forms of illicit tobacco trade.