This archive report was first published on 29 June 2019.
On June 17, Machakos Governor Alfred Mutua revoked the business licenses of clinics, chemists, and laboratories near public health facilities in the county, sparking a wave of arrests and charges against pharmacists.
However, in a recent development, the High Court in Machakos has granted a temporary stay of proceedings against the pharmacists, pending the hearing and determination of a petition challenging the legality of Governor Mutua's directive.
High Court Judge George Odunga made the ruling on an application by the petitioners, who argued that the directive was unconstitutional, ultra vires, oppressive, and illegal.
According to the petitioners, the directive lacked any known legal basis and was not subjected to public participation. They also claimed that the county government of Machakos was usurping the role and functions of the Pharmacy and Poisons Board (PPB), as directed by the operative law.
The petitioners, Dr. Jacinta Mukonzo, Dr. Michael Musyoki Kamala, and Dr. Wilson Kyalo Mutua, told the court that the directive was causing them tremendous loss in terms of their livelihood and the medicines they sell have a shelf life.
They also argued that the closure of the pharmacies and prohibition of the proprietors from opening them was denying the people access to medicines, which they would ordinarily obtain from the pharmacies.
Governor Mutua had directed the closure of several clinics, chemists, and laboratories close to county health facilities after it emerged that drugs and other commodities from Machakos Level 5 Hospital were being sold in the pharmacies close to the hospital.
On March 14, 2019, Governor Mutua had tweeted that he had directed that there should not be a private clinic, lab, pharmacy, and such health providers within 300 meters of a Machakos government health facility.
