The High Court has temporarily suspended Health Cabinet Secretary Aden Duale’s decision to revoke all nicotine-related licences across the country, pending the outcome of a legal challenge.
In a ruling delivered by Justice Bahati Mwamuye at the Milimani High Court, the judge issued conservatory orders restraining the Ministry of Health from implementing the directive issued on May 31, 2025.
The court ordered the reinstatement of the status quo, allowing traders with valid licences to continue operations until the matter is heard and determined.
According to court documents, the petition argues that the ministry’s move was “illegal, arbitrary and violated constitutional rights,” including the right to fair administrative action under Article 47 of the Constitution.
The suspension had followed CS Duale’s announcement in Eldoret during the destruction of 5.5 tonnes of seized tobacco-related products, including shisha and flavoured e-cigarettes. At the time, Duale warned that previously licensed businesses would be required to reapply within 21 days and undergo strict vetting.
“These fake products are targeting our youth. They have destroyed them for a long time,” the CS said, citing health and safety concerns.
However, the petitioners contend that the ban was rushed and unfair to licensed businesses already operating within the law.
The court has directed the petitioner to serve the Ministry with all relevant documents by June 5 and file proof by June 9. The Ministry and other respondents have until June 23 to respond. The case will be mentioned again on July 3, 2025.
