Kenya Supreme Court Upholds Strong Tobacco Control Law, Dismisses Frivolous Lawsuit

Washington, D.C. – The Kenyan Supreme Court has delivered yet another decisive blow to opponents of proven tobacco control policies – including tobacco giant British American Tobacco - who have for years sought to derail strong tobacco control laws in Kenya. The court dismissed efforts by plaintiffs to continue legal challenges to Kenya’s tobacco control law, more than five years after the law was upheld by the Supreme Court. The court rightly called the attempt “frivolous, misguided and an abuse of the judicial process.” 

For years, British American Tobacco and other opponents of Kenya’s tobacco control laws have tried to abuse the legal system in Kenya to stall strong tobacco control measures adopted by the country. Included in the measures are pictorial warning labels on tobacco products and strengthened protections against exposure to secondhand smoke. The law also requires tobacco companies like British American Tobacco to pay into an annual fund meant to assist the government in paying for the health burdens of tobacco use. 

The Supreme Court ruling reaffirms that the tobacco industry’s previous attempts to challenge this urgently needed public health law are without merit and a gross attempt by a foreign multinational to abuse Kenya’s judicial process. British American Tobacco has lost multiple attempts to block this life-saving public health measure, wasting time and resources as part of a shameful ploy to sell more deadly cigarettes to Kenyans. The tobacco giant has been accused of lobbying the government to weaken regulations on nicotine products. 

The Campaign for Tobacco-Free Kids commends Kenya for holding its ground against increasingly shameful attempts to derail its tobacco control laws – and looks forward to working with the government and advocates to effectively implement these life-saving public health measures.