This archive report was first published on 22 May 2020.
On May 22, 2020, the High Court delivered a ruling that dismissed a petition challenging Machakos Governor Alfred Mutua's decision to shut down private health facilities and chemists operating near public hospitals within the county.
The court found that the governor's decision to revoke licences of the facilities stemmed from the Machakos County Finance Act, 2018, whose validity had not been challenged.
Justice David Kemei stated that as long as the said Act is in force, the county government has a free hand in running the businesses.
He ruled that the court was unable to make an order directed to the governor and the county government yet the powers are in law.
“Every law is presumed valid unless challenged. From the record before me, it cannot be disputed that the petitioners have not challenged the validity of the laws that the respondent (county government) is relying upon,” said Justice Kemei.
The case was provoked by directions issued by the governor in June 2019 that pharmacies operating within a kilometre-radius from the county hospital be closed and their licences revoked.
