British American Tobacco Kenya, PLC v. Ministry of Health

British American Tobacco Kenya filed a petition to the Kenya Supreme Court appealing a 2017 Court of Appeal decision upholding nearly all elements of Kenya’s Tobacco Control Regulations. The Supreme Court ruled that the tobacco company’s appeal had no merit, dismissed the petition in its entirety and affirmed the decision of the lower court.

Both lower courts upheld nearly all elements of the Regulations, which are designed to implement the Tobacco Control Act, including:

- a 2% annual contribution by the tobacco industry to help fund tobacco control education, research, and cessation;
- picture health warnings;
- ingredient disclosure;
- smoke-free environments in streets, walkways, verandas adjacent to public places and in private vehicles where children are present;
- disclosure of annual tobacco sales and other industry disclosures; and
- regulations limiting interaction between the tobacco industry and public health officials.


British American Tobacco Kenya, PLC v. Ministry of Health, et al., Supreme Court of Kenya Petition No. 5 of 2017 (2019).

  • Kenya
  • Nov 26, 2019
  • Supreme Court of Kenya


Plaintiff British American Tobacco Kenya, PLC


  • Attorney General
  • Cabinet Secretary for the Ministry of Health
  • Tobacco Control Board

Third Party

  • Consumer Information Network
  • Kenya Tobacco Control Alliance
  • Mastermind Tobacco (K) Limited

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product