High Court Suspends Government Ban on Nicotine Product Licenses

The High Court has temporarily halted a government directive suspending all licenses and import clearances related to nicotine and related products, pending the hearing of a petition filed by public health advocate Susan Awino.

In a ruling delivered on June 4, 2025, Justice Bahati Mwamuye of the Milimani Law Courts issued conservatory orders restraining the Ministry of Health, the State Law Office, and affiliated entities from enforcing or acting upon the decision made on May 31, 2025.

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The decision in question had suspended all existing licenses and required previously licensed persons and entities to re-apply afresh for clearance to manufacture, import, distribute, or sell nicotine-related products.

Justice Mwamuye, in his directive, reinstated the status quo that existed prior to the contested decision, thereby allowing affected businesses to continue operations until the matter is fully heard and determined.

“Pending the inter partes hearing and determination of the Petitioner’s Notice of Motion a conservatory order is hereby issued staying the 2nd Respondent’s impugned decision,” reads part of the court order.

The court also prohibited the respondents including government employees, public entities, and other authorities from implementing or enforcing the May 31 directive in any form.

The Ministry of Health had earlier announced the suspension of all importation and licensing of nicotine and nicotine-related products, citing rising public health concerns.

The ministry argued that the increasing popularity of e-cigarettes, vapes, and other nicotine delivery systems especially among youth posed a serious threat to national health outcomes.

The move was seen as part of a broader effort to regulate emerging tobacco alternatives, which have remained largely unregulated despite growing uptake.

According to the ruling, the respondents must file their responses to the application and the main petition by June 23, while the petitioner has until June 30 to file a rejoinder.

The case is set for mention on July 3 to confirm compliance and to give further directions on its expedited hearing.

The court emphasized that any disobedience of its orders would attract penal consequences.