Why BAT wants court to strike out Sh4.5 billion Velo claim
British American Tobacco (BAT) Kenya Industrial Area plant.
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.
Also Read: Health groups warn of industry interference as children as young as six use nicotine pouches
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.
The company also challenges the damages claim, saying Section 7(2) of the Act requires licensed cigarette manufacturers or importers to pay a two per cent solatium contribution based on the value of tobacco products manufactured or imported. BAT argues the provision does not establish the damages sought by Anemba.
Anemba alleges Velo was promoted in Syokimau in June and July through branded vehicles, product displays and promoters, with individual pouches sold for Sh30 to Sh40. Her advocates say the campaign extended nationwide, including university students as peer promoters.
They seek orders stopping Velo promotions, recalling and repackaging the products, regulatory audits, and investigations and possible prosecution of BAT officials and promoters.
BAT previously sold nicotine pouches under Lyft, whose sales were halted in 2020 after a regulatory dispute. It resumed Velo sales in July 2025.
The case is scheduled for mention on September 1, 2026.
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