High Court suspends Health CS Duale's decision to suspend all nicotine licences

The High Court has suspended a directive issued by the Ministry of Health that had revoked all existing licences for trading in nicotine and related products, pending the hearing and determination of a constitutional petition challenging the move.

Justice Bahati Mwamuye of the Milimani High Court issued interim conservatory orders restraining the Ministry and other respondents from implementing or enforcing the directive announced by Health Cabinet Secretary Aden Duale on May 31, 2025.

The Court also ordered the restoration of the status quo, allowing previously licensed individuals and businesses to continue operations as the case proceeds.

The case, filed by petitioner Susan Awino, argues that the Ministry’s decision was abrupt, lacked stakeholder consultation, and potentially infringes on the rights of individuals and businesses operating under valid licences.

“This rush decision by the 2nd Respondent to suspend licences and clearances previously issued to the dealers of nicotine and related products is ultra vires, illegal and blatantly violates the rule of law under Article 10 of the Constitution, the right to fair administrative action under Article 47 of the Constitution,” reads the court documents.

The petition further argues that, “the decision by the 2nd Respondent to suspend the licences and importation clearances of the dealers in nicotine or the related products is arbitrary, unreasonable and not proportionate to the rights of the affected dealers.”

The Ministry of Health had announced the suspension of all existing licences related to the manufacture, importation, distribution, sale, or promotion of nicotine and related products across the country. CS Duale made the announcement in Eldoret on Saturday while overseeing the destruction of 5.5 tonnes of seized tobacco-related products, including shisha and flavoured e-cigarettes.

“All persons and entities previously licensed are now required to reapply within 21 days and submit full compliance documentation for consideration,” said Duale, who warned of a rigorous vetting process ahead.

He emphasized the health and security threats posed by illicit nicotine products, which he said are cheap, unregulated, and dangerous—especially to young people. “These fake products are targeting our youth. They have destroyed them for a long time,” Duale stated.

The Court has directed the petitioner to serve the respondents with all relevant documents by June 5 and file proof of service by June 9. The Ministry and other respondents have until June 23 to respond.