Lead image for Why BAT wants court to strike out Sh4.5 billion Velo claim.
British American Tobacco Kenya has asked the High Court to strike out a Sh4.5 billion claim over its Velo nicotine pouches, arguing the petitioner bypassed remedies under tobacco control law.
BAT wants the court to dismiss the petition and an application seeking interim orders.
The dispute centres on Velo, tobacco-free pouches containing nicotine, flavourings and plant fibres that users place between the lip and gum.
Vivian Anemba, 23, filed the petition against BAT Kenya, the Tobacco Control Board, the Cabinet Secretary for Health, the Director of Public Prosecutions and the Attorney General.
She alleges BAT unlawfully promoted Velo through ground activations, entertainment events, peer promoters and sales of individual pouches, contrary to the Tobacco Control Act.
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Anemba seeks Sh1.5 billion for a public health fund and Sh3 billion in punitive damages, as well as a recall of Velo products.
BAT says there are “good grounds for striking out the petition”, citing exhaustion of remedies and constitutional avoidance. It argues the Act provides mechanisms for handling alleged offences and disputes before constitutional litigation.