The government has suffered a major setback after the High Court suspended a directive by Health Cabinet Secretary (CS) Aden Duale that had halted all licenses and import clearances for the manufacture, importation, distribution, or sale of nicotine and related products.
Justice Bahati Mwamuye, on Thursday, issued a conservatory order staying the CS's decision made on May 31, pending the determination of a case filed by Susan Awino, who has termed the move illegal, null, and void, arguing it usurps the powers of the Kenya Revenue Authority (KRA) Commissioner-General.
Awino contends that CS Duale's directive was arbitrary, unreasonable, and disproportionate to the rights of the affected dealers.
She further argues that neither the CS nor the Kenya Tobacco Control Board has the authority to license or cancel importation clearances for nicotine or related products. "Pending the hearing and determination of the petition herein, a conservatory order be and is hereby issued staying the 2nd Respondent's (Duale's) impugned decision made on or about May 31, 2025, suspending all existing licenses and import clearances relating to the manufacture, importation, distribution, sale, or promotion of nicotine and related products and requiring all previously licensed persons and entities to re-apply for the same," ruled Justice Mwamuye.
