In Re British American Tobacco Kenya v. Ministry of Health, Ruling on the Application for Joinder
In Re British American Tobacco Kenya v. Ministry of Health, Ruling on the Application for Joinder No. 5/2017, Supreme Court (2024).
- Kenya
- Nov 22, 2024
- Supreme Court of Kenya
Seven private entities petitioned seeking to join the 2016 litigation initiated by British American Tobacco Kenya PLC (BAT) against Kenya's Ministry of Health. This litigation challenged the 2014 Tobacco Control Act regulations. On November 26, 2019, the Supreme Court dismissed BAT's appeal, upholding nearly all elements of the regulations and affirming the lower court's decision.
In 2024, the petitioners sought to be recognized as parties to the now-concluded case and to request a review of the 2019 Supreme Court judgment. Under Section 21A of Kenya's Supreme Court Act, only parties to a case can apply for a judgment review, making this application a necessary procedural step.
Kenya's Supreme Court rejected the petitioners' application, holding that it was misguided and frivolous since it was filed five years after the proceedings in which the petitioners sought to be involved in concluded.