REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
PETITION NO. 5 OF 2017
(Coram: Maraga CJ& P; Mwilu DCJ& V.P, Ojwang, Wanjala and Njoki, SCJJ)
BETWEEN
BRITISH AMERICAN TOBACCO KENYA, PLC
(Formerly
BRITISH AMERICAN TOBACCO KENYA LIMITED)..........................APPELLANT
AND
CABINET SECRETARY FOR THE MINISTRY OF HEALTH....1ST RESPONDENT
TOBACCO CONTROL BOARD......................................................2ND RESPONDENT
ATTORNEY GENERAL....................................................................3RD RESPONDENT
AND
KENYA TOBACCO CONTROL ALLIANCE....................1ST INTERESTED PARTY
CONSUMER INFORMATION NETWORK.....................2ND INTERESTED PARTY
AND
MASTERMIND TOBACCO KENYA LIMITED................THE AFFECTED PARTY
JUDGMENT
I. INTRODUCTION
[1] The Appellant moved the Court via a Petition dated 31st March 2017, being an appeal against the Judgment of the Court of Appeal (Okwengu, Azangalala and Sichale, JJA) in Civil Appeal No. 112 of 2016, which decision upheld the Judgment of the High…