BRITISH AMERICAN TOBACCO LTD
V.
CABINET SECRETARY FOR THE MINISTRY OF HEALTH & 5 OTHERS

JUDGMENT OF THE COURT

Introduction

1. This is an appeal from the judgment and decree of the High Court (Mumbi, J.), delivered on 24^th March 2016. The appellant British American Tobacco Ltd who was the Petitioner in the High Court is aggrieved by part of the judgment, and has faulted it on 17 grounds. The respondents to the appeal are; the Cabinet Secretary for the Ministry of Health (1^st Respondent), Tobacco Control Board (2^ndRespondent), and the Attorney General (3^rd Respondent), while Kenya Tobacco Control Alliance and Consumer Information Network (1^st and 2^nd interested parties) are interested parties and Mastermind Tobacco (Affected Party) is an affected party.

Background

2. The litigation giving rise to this appeal was precipitated by the Tobacco Control Regulation 2014 (herein Regulations), that were published on 5^th December 2014 by the then Cabinet Secretary for Health, Mr. James Macharia (C.S. Macharia), vide Legal Notice No.169 of 2014. The Regulations were made pursuant to Sect…