KENYAN TOBACCO RULING:REFUSE TO BE INTIMIDATED NATT TELLS AFRICAN GOVTS

Kenya Tobacco Ruling: Refuse to be intimidated NATT tells African Govts

The Kenyan Tobacco industry is in turmoil as at press time.

The Network for Accountability of Tobacco Transnationals (NATT) has commended a Kenyan court ruling rejecting British American Tobacco (BAT) petition to stop the adoption of regulations that would facilitate implementation of Kenya’s Tobacco Control Act 2007, saying that governments across the African continent must be on their guard.

BACKGROUND

BAT Kenya Limited had filed a petition at the Constitutional Court in the High Court of Kenya, Nairobi in April 2015 asking it to declare that the Tobacco Control Regulations 2014 developed by the Ministry of Health to facilitate the implementation of Tobacco Control Act 2007 is null and void.

The tobacco company had argued that the due process was not followed in the making of the regulations and that particular sections of the regulations contravened their rights as outlined in the Bill of Rights and other Articles of the Constitution of Kenya 2010 and that they were therefore unconstitutional.

The regulations had been tabled in Parliament on 5th December 2014 and gazette as is required and were to take effect on 5 June 2015. Kenya Tobacco Control Alliance (KETCA) and the Consumer Information Network (CIN) got enjoined in the case as interested parties. On 4th June 2015, a day before the Tobacco Control Regulations 2014 could take effect, the Judge issued conservatory orders suspending the implementation of the regulations (at the request of BAT) until the case is heard and determined.

The court however ruled among others, that, according to the documents presented to it, there were various meetings during the framing of the regulations that BAT was represented in, and consulted.   Reports of public forums and other consultations were shared and the regulations were presented to Parliament which offered another platform for public participation through the Parliamentary process.  It noted that in effect, there was sufficient public participation, hence, the Tobacco Control Regulations 2014 cannot be declared null and void on the basis of lack of sufficient public participation, among others.

This ruling comes at a time when a BAT employee-turned-whistleblower, Paul Hopkins, recently revealed that BAT has engaged in systematic bribery to thwart tobacco control laws throughout Central and East Africa. Already Kenya has launched an investigation into this alleged bribery and authorities in the U.S. and the U.K. are considering investigating BAT's bribery.

NATT POSITION

In reaction to the ruling, Sam Ochieng of the Consumer Information Network (CIN) said: “The outcome of the ruling is in tandem with the wishes of our people to protect their health from the poison that tobacco merchants peddle in their product. The Kenyan court has sided with public health against profits. This is commendable”

ERA/FoEN Deputy Director, Akinbode Oluwafemi said: “This ruling is victory for the Kenyan people and an indication that they refuse to be intimidated by the tobacco industry. Despite BAT arm-twisting through the suit, the Kenyan Ministry of Health and tobacco control advocates such as the Consumer Information Network have demonstrated doggedness and determination to push through life-saving laws which other countries of the continent must emulate”

Oluwafemi stressed that, as Nigeria’s health ministry begins the establishment of regulations for implementation of the National Tobacco Control Act, it must note and learn from the Kenyan example which has become an observed pattern that BAT is replicating across Africa.

He advised that Kenyans must not go to sleep with the ruling and instead anticipate appeals and other clogs thrown in the way of implementation of the Tobacco Control Act 2007, even as he urged speedy implementation of the regulations to save Kenyans from lifelong addiction to tobacco.