Chief Justice David Maraga has been urged by two cigarette manufacturing companies to throw out the Tobacco Control Regulations of 2014.
British American Tobacco (BAT) and Mastermind Tobacco Kenya on Thursday argued that the regulations were introduced arbitrarily and restricted their operations.
Through lawyers Kiragu Kimani, Irene Kashindi and James Tugee, the British firm also argued that the regulations were created without proper public participation.
“We urge you to find that in the process of enactment of the law, if the process is found to be flawed, the entire legislation is vacuous.
"Failure by legislative bodies to follow due procedure of the law renders the legislation invalid and the product of that legislative work must be struck out," stated Kimani.
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The two companies further stated that the regulations had limited their interactions with public officials and were discriminatory.
They further opposed 'forceful taxation' imposed on them and other cigarette and tobacco product manufacturers, and that it was derived from draconian foreign laws.
Senior State Counsel Mohamed Adow, however, opposed the appeal, saying the firms were only protecting their commercial interests without regard to public safety and the health of millions of Kenyans.
In March 2016, the court ruled against the tobacco company, finding that the process of developing the regulations was constitutional and conducted with sufficient participation by the public.
The court upheld nearly all elements of the Regulations, including graphic health warnings, ingredient disclosure, smoke-free environments in streets, walkways, verandas adjacent to public places, disclosure of annual tobacco sales and other industry disclosures and regulations for limiting interaction between the tobacco industry and public health officials and other public officers.
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