Corporate News
By SANDRO CHAO-BLASTO
In Summary
- BAT wants the Ministry of Health to provide details of graphic health warnings to be printed on packets ahead of a June deadline.
- BAT says details would give clarity as to the size of the health warnings that the packets should carry and how to apply them.
- BAT made the revelation even as it maintained that its is still opposed to the regulations, terming them unconstitutional.
Cigarette manufacturer British American Tobacco Kenya (BAT) wants the Ministry of Health to provide details of graphic health warnings to be printed on packets ahead of a June deadline.
BAT says it has written to Health Secretary James Macharia
and the Tobacco Control Board requesting the information, but none of
the parties has responded.
As a result, Simukai Munjanganja, the firm’s head
of legal affairs says in court documents that BAT is unable to comply
with provisions of the Tobacco Control Regulations 2014.
“The first respondent has failed to provide the
information sought on the basis that the regulations have been tabled
before the Parliament,” he said.
The Health ministry is yet to respond to BAT’s application.
The cigarette maker argues that the tabling of the
regulations before Parliament does not stop the ministry from providing
it with a digital storage device and guidance documents on the
application of the pictograms.
The digital storage, BAT says would give clarity as
to the size of the health warnings that the packets should carry and
how to apply them.
BAT made the revelation even as it maintained that its is still opposed to the regulations, terming them unconstitutional.
Shut down
The firm has moved to the High Court seeking to
halt implementation of the rules that are expected to come into force by
June 5 on grounds that the cost of complying with will be enormous and
would may eventually force some firms in the industry to shut down.
Under the new regulations players in the industry
will be required to pay a Solatium Compensatory Contribution every
financial year amounting to two per cent of the value of tobacco
products that have been manufactured or imported.
The firm says that the contributions are oppressive
as tobacco manufacturers are already exposed to other taxes adding that
they had paid Sh14 billion in taxes in the last financial year.
“The Solatium contribution will have a significant
effect on the petitioner putting at risk further investment and the more
than 80,000 direct and indirect employment opportunities generated in
Kenya,” argues BAT.
The new graphic images are meant to discourage smoking of cigarettes.
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