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Kenyan court extends order against tobacco rules

Tuesday October 18 2016

British American Tobacco (BAT) Kenya has breathed a sigh of relief after the Court of Appeal extended the deadline for the implementation of the Tobacco Control Regulations 2014 to mid-December.

This follows the expiry of a one-month stay order on October 18. The court will now make its ruling on the BAT plea on December 16.

The cigarette maker had in June appealed against a High Court ruling that had affirmed the stringent rules in March.

Last month, the government granted cigarette traders time to sell off their old stocks until the end of October.

BAT has faulted some of the regulations among them a Solatium compensatory contribution of two per cent of the value of tobacco products manufactured or imported, payable every financial year.

BAT argues that the levy would increase its operation costs, hurting business.

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“BAT has expressed its opposition to this provision as it seeks to criminalise a legal industry by presuming liability and pre-setting a ‘compensatory’ payment,” the firm says.

The firm is also opposed to the extended ban on smoking in public places as well as the limits on industry and government interaction.

The new law requires cigarette packs to display graphic health warnings. In addition cigarettes are to be sold in packets and not single sticks. Wholesalers and traders are also expected to display prominent signage warnings on the dangers of tobacco use at points of sale

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