British American Tobacco Ltd. v. Ministry of Health

British American Tobacco (Kenya) appealed a 2016 court decision, which upheld nearly all elements of Kenya’s Tobacco Control Regulations. The appeals court ruled that the tobacco company’s appeal had no merit and affirmed the decision of the lower court. The earlier ruling 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.

The appeals court agreed with the lower court that the tobacco company had been given adequate opportunities for participation in the development of the regulations and that the regulations do not violate the tobacco company’s constitutional rights. 


British American Tobacco Ltd v. Ministry of Health, et al, Civil Appeal No. 112 of 2016 (2017).

  • Kenya
  • Feb 17, 2017
  • Court of Appeal at Nairobi


Plaintiff British American Tobacco Ltd


  • 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