High Court halts health ministry's nicotine ban directive

The High Court in Nairobi has suspended a recent directive by the Ministry of Health that revoked all existing licences and import permits for nicotine and related products.

Justice Bahati Mwamuye issued the conservatory orders on Tuesday, June 4, in response to a petition filed by Susan Awino against the State Law Office, the Health Ministry and two others.

The ruling halts the implementation of the ministry’s May 31 directive that suspended the manufacturing, importation, distribution, sale or promotion of nicotine products and required all previous licensees to reapply.

The suspension came three days after Health Cabinet Secretary Aden Duale announced the crackdown during World No Tobacco Day on Friday, May 31, at Moi Teaching and Referral Hospital in Eldoret, where 5.5 tonnes of seized tobacco-related products were destroyed.

The destroyed goods included shisha, gutkha and flavoured e-cigarettes.

Duale said the suspension required vendors to reapply for licences within 21 days under stricter regulatory conditions.

• .

  Keep Reading

• 
  Diabetes, hypertension silent killers in rural areas - medics
• 
  America's implosion: Trump-Musk feud reveals fight for power, deals, ultimate betrayal
• 
  Government suspends tobacco licences in crackdown on youth nicotine use
• 
  Ministry, governors clash over ghost workers in health payroll

“This action is not symbolic; it is regulatory. Every player in this industry must now comply afresh with the law,” said Duale.

He noted that the targeted products were deliberately designed to attract young users, using flavours, digital marketing and deceptive packaging.

“These products are designed to trap our youth. They deliver harmful chemicals that destroy the brain and lungs,” noted Duale.

Mwamuye ordered a return to the status quo prior to the ministry’s decision, pending the hearing and determination of the application and the petition.

“The respondents are restrained from implementing or enforcing the decision suspending all licences and import clearances,” said Mwamuye.

He also directed the petitioner to serve the court documents by close of business on Thursday, June 5, and file proof of service by Monday, June 9.

The court gave the respondents until June 23 to respond, while the petitioner was given until June 30 to file a rejoinder if necessary. The matter will be mentioned on Wednesday, July 3, to confirm compliance and set further directions.

The orders come amid a growing legal battle over regulatory authority and procedural fairness in public health decisions.