Aasai

In a major legal twist that has created uproar, the High Court has halted the implementation of a sweeping directive by kenya Health Cabinet Secretary Aden Duale that sought to suspend all existing licences for the trade, distribution, and promotion of nicotine and related products in across the Country. The courts decision came as a relief to hundreds of individuals and businesses who had been thrown into limbo following the government’s sudden crackdown on nicotine-related operations.

Justice Bahati Mwamuye of the Milimani High Court issued interim conservatory orders on Tuesday, June 4, effectively suspending the Ministry’s directive pending the outcome of a constitutional petition challenging its legality. The orders now allow all previously licensed persons and entities dealing in nicotine products to resume operations as normal until the case is heard and determined. The court further directed the Ministry and other respondents named in the suit not to take any further steps to enforce the May 31 ban.

The petition was filed by businesswoman Susan Awino, who accuses the Ministry of making an arbitrary and unlawful decision that failed to observe constitutional principles of fairness, consultation, and proportionality. Through her legal team, Awino argues that the move to cancel licences was abrupt and carried out without engaging affected stakeholders. “The decision by the 2nd Respondent to suspend licences and clearances previously issued to dealers of nicotine and related products is ultra vires, illegal, and blatantly violates the rule of law,” the petition reads. She also cited breaches of Article 10 of the Constitution, which requires transparency and participation in public decision-making, and Article 47, which guarantees the right to fair administrative action.

The Ministry of Health had announced the controversial suspension last Saturday in Eldoret during a public event led by CS Duale, where 5.5 tonnes of confiscated nicotine products—including flavoured e-cigarettes and shisha—were destroyed. Duale cited growing health and security concerns related to illicit nicotine products, particularly their appeal and accessibility to young people. “These fake products are targeting our youth and have destroyed lives for too long. We are putting an end to that,” he declared. Duale further warned that any entity wishing to continue in the nicotine trade would now be subjected to a new, stricter reapplication process within 21 days, with full compliance documents required for vetting.

However, the High Court’s intervention has cast doubt over the implementation of that policy shift, at least for now. Justice Mwamuye ordered the petitioner to serve all respondents, including the Ministry of Health, with the relevant court papers by June 5 and submit proof of service by June 9. The Ministry and other respondents must file their responses by June 23. The matter will be mentioned in court on July 3, 2025, for further directions.

As the legal battle unfolds, the case is being closely watched by industry stakeholders, health policy experts, and civil liberties advocates. It is expected to test the balance between public health regulation and constitutional rights such as fair administration and economic freedom.