A Nairobi resident has taken British American Tobacco Kenya to the High Court, accusing the company of running unlawful marketing campaigns for its VELO nicotine pouches and targeting university students during the June to August holiday period.
Vivian Anemba filed the constitutional petition on 22 July 2026 in the Constitutional and Human Rights Division of the High Court at Nairobi. The case, HCCHRPET/E484/2026, names BAT Kenya as the first respondent, alongside the Tobacco Control Board, the Cabinet Secretary for Health, the Director of Public Prosecutions and the Attorney General.
What the Petition Alleges
According to the petition, BAT promoters set up branded activations at MiniMall Syokimau and B Energy Whiskey Stop in Syokimau starting in mid to late June 2026, including a branded ring toss game and staff wearing VELO branded uniforms. The petitioner says she returned to the same venues on two weekends in July and photographed promotional vehicles, branded product displays and promoters approaching patrons directly.
The petition states that promoters sold VELO pouches by the tin while retail merchants nearby sold individual pouches at KES 30 to 40 each, below the 10 unit minimum the Tobacco Control Act requires for retail sale. It also alleges promoters made no attempt to verify customers’ ages, in violation of Section 15 of the Act, which specifies that only a national ID, driving licence or passport can confirm a buyer is old enough to purchase.
The petitioner’s supporting affidavit references a viral social media post from commentator Polo Kimanii that drew responses from young Kenyans describing nausea, dizziness and rapid nicotine dependence after using VELO. She argues the promotional pattern tracked university holiday schedules, appearing at venues on weekends when student numbers peaked and disappearing when they dropped.
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Legal Grounds and Relief Sought
The petition cites alleged breaches of Sections 15, 18, 19, 22, 23, 25, 26 and 30 of the Tobacco Control Act, No. 4 of 2007, along with Article 43(1)(a) on the right to health, Article 46 on consumer rights, Article 53 on children’s rights and Article 55 on the rights of youth under the Constitution. It also invokes Kenya’s obligations under the WHO Framework Convention on Tobacco Control, which the country ratified in 2004.
Filed alongside the petition, a certificate of urgency and a notice of motion ask the court for conservatory orders halting VELO promotional activity and restraining the retail sale of pouches in quantities under 10 units, pending the case’s outcome. The application also asks the court to order BAT Kenya to deposit KES 500 million with the court registrar as security and to preserve campaign records, including promoter recruitment files, commission structures and marketing budgets.
The petition’s final prayers go further, seeking a permanent injunction against VELO ground activations nationwide, a mandatory recall and repackaging of VELO products to meet labelling rules, and compensation of KES 1.5 billion for a public health fund. It also asks for KES 3 billion in exemplary damages, calculated against BAT’s own investor disclosures that VELO could eventually account for 15 to 25 percent of the company’s total revenue.
Court Sets Timeline for Response
Justice Gregory Mutai issued directions on the matter on 25 July 2026, ordering that the petition and notice of motion be served on the respondents within three working days. Under the directions, respondents have 14 days after service to file their responses, followed by 14 days for the petitioner to file a rejoinder and 14 days for respondents to reply to that. The court set 8 October 2026 for a mention to confirm compliance and issue further directions.
The directions did not rule on the substance of the case or grant any interim orders. What happens next depends on the responses BAT Kenya and the state respondents file within the court’s timeline.
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BAT Kenya’s History With Nicotine Pouches
VELO has a complicated regulatory record in Kenya. BAT introduced the product under the name LYFT in 2019, and Kenya’s Health Cabinet Secretary declared its registration illegal in 2020, citing improper licensing under the Pharmacy and Poisons Act. BAT rebranded the product as VELO and relaunched it on a trial basis in 2022, then pushed for a full national rollout as it sought clearer government rules.
BAT Kenya resumed full VELO sales in 2026 after what the company called regulatory clarity, according to Tobacco Reporter. Finance Director Philemon Kipkemoi has told investors VELO could eventually make up 15 to 25 percent of the company’s roughly KES 23.2 billion in total revenue within three to five years, a figure the petition cites directly in its damages calculation.
The case lands as BAT Kenya works through a period of falling profit. The company’s half year profit dropped 24 percent in 2024 as turnover fell and currency swings pressured exports, and its full year 2025 turnover slipped about 10 percent to KES 23.2 billion, with VELO contributing roughly KES 232 million of that total in the second half of the year. The Nairobi Securities Exchange listed company has increasingly positioned modern oral nicotine products as a growth line to offset declining cigarette sales.
BAT Kenya has not yet filed a response to the petition. Under the court’s directions, the company has 14 days from service to enter appearance and respond to the allegations.
