The High Court in Nairobi has temporarily suspended a decision by the Ministry of Health to revoke all licenses and clearances related to nicotine and related products, pending the hearing of a constitutional petition filed by Susan Awino.
In orders issued on Thursday, Justice Bahati Mwamuye granted conservatory orders, effectively halting the implementation of the Ministry’s directive issued on or around May 31, 2025.
The ministry’s directive had suspended existing licenses and import permits for the manufacture, sale, distribution, and promotion of nicotine products and ordered affected parties to reapply for authorisation.
The court found that the matter raised substantial constitutional concerns, warranting interim protection of the status quo.
“A conservatory order be and is hereby issued staying the 2nd Respondent’s impugned decision… requiring all previously licensed persons and entities to re-apply for the same,” the judge ruled.
Justice Mwamuye further issued an additional order barring the ministry, its agents, or affiliated public bodies from enforcing the directive.
This includes prohibiting any actions that would affect current stakeholders involved in the nicotine industry.
“Pending the inter partes hearing a conservatory order be and is hereby issued restraining the Respondents from implementing, enforcing, or giving effect to the 2nd Respondent’s impugned decision,” the ruling stated.
The judge also directed that the situation be restored to what it was before the ministry’s decision, effectively reinstating previously valid licenses and approvals.
The petitioner, Awino, is challenging the legality and constitutionality of the ministry’s blanket suspension, arguing that the move affects the rights of licensed businesses and potentially breaches fair administrative practices.
While the full details of the petition have not been disclosed, the court found the claims serious enough to warrant immediate temporary protection.
Justice Mwamuye ordered that the petition and supporting documents be served to the respondents — including the Ministry of Health and the State Law Office — by close of business on June 5, 2025. The respondents have until June 23 to file their responses.
The court has also allowed time for the petitioner to file any rejoinder by June 30, ahead of a mention date set for July 3, 2025.
During this session, the court will confirm compliance with the directions and issue further instructions on the expedited hearing of the petition.
In keeping with established legal precedent, the court’s decision aligns with the principle that interim relief should be granted where a case raises arguable constitutional questions and the petitioner risks suffering prejudice if interim orders are denied.
The court notably invoked its powers to restore the “status quo ante” — a legal mechanism used to preserve the last uncontested state of affairs before a dispute arose.
Failure to comply with the court’s directives could carry legal consequences.
“Take notice that any disobedience or non-observance of the order will result in penal consequences,” the court warned.
The matter will now proceed to a full hearing, where the court will determine whether the ministry’s directive violated any constitutional or legal provisions, and whether it must be quashed or upheld.
For now, the operations of previously licensed nicotine-related businesses remain legally protected — at least until the High Court makes a final ruling.