Republic of Kenya v. Director of Medical Services Ex-Parte BAT Kenya Ltd.
British American Tobacco Kenya Limited ("BAT Kenya") challenged an order issued by the Director of Medical Services ordering BAT Kenya to stop selling Dunhill Switch and any other cigarette packs with the phrases "Crush the Capsule," "Switch the experience," "Refresh the taste," "Switch," and "Refreshing twist" on the grounds that these phrases constituted a promotional campaign in violation of the Tobacco Control Act. BAT Kenya objected to the order on jurisdictional grounds and also defended its packaging as non-promotional, arguing instead that it gave adult consumers instructions on how to use the product. The court did not examine the merits of the Director's decision, instead focusing on whether the Director followed fair procedure in taking its administrative action. The court concluded that the action was not undertaken fairly because BAT Kenya was not provided with an opportunity to respond or submit its view before the decision was made. As a result, the court quashed the Director's order and prohibited the Director from demanding that Dunhill Switch be removed from the market unless and until BAT Kenya was given a proper hearing on the issue.