BY SAM ALFAN.
Supreme Court will deliver judgement tomorrow in case where British American Tobacco (BAT) challenged sanctions imposed by the government on cigarette manufacturers and importers, to safeguard public health.
The court will deliver the judgement 20 months after completing hearing the appeal that was lodged by BAT after losing two battles in both high court and court of appeal.
It’s not clear why the highest court of the land chose to take almost two years to the verdict. The court on August postponed the delivery of judgement saying it will inform the parties of the new dates through a notice.
“Take notice the matter is coming up for judgement on Tuesday November 26,2019 at 9:00 a.m before the supreme court of Kenya and not on October 25 ,2019”, state notice by Supreme Court registrar.
The apex court completed hearing the case on April 26, 2018 and promised to deliver their decision on notice. The appeal by BAT was heard by Chief Justice Maraga, Deputy CJ Philomena Mwilu, Justices Smokin Wanjala, Njoki Ndungu and Jackton Ojwang.
The habit of smoking in public is creeping back despite the ban by the government on ant-smoking.
In February 2017, BAT lost their appeal seeking nine months to implement health warnings contained in the 2014 Tobacco Control Regulations, which took effect in September last year.
A three-judge bench of the Appellate court held that the regulations by the ministry of Health satisfied statutory and constitutional requirements since their enactment was preceded by exhaustive consultations with all tobacco industry players and public participation.
The Appellate bench upheld the decision made on March 24, last year, by High Court Judge Mumbi Ngugi giving the green light to the Health ministry to fully implement the legal provisions.
In the second appeal, Attorney General urged Supreme Court to dismiss the case and penalize the company for wasting judicial time
