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In Re Mukhonye Community Based Organisation

(2014) JELR 105363 (CA)

Court of Appeal  •  Civil Appeal 22 of 2013  •  7 Feb 2014  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



This appeal has been brought by Mukhonye Community Based Organization, an entity registered under what was formerly known as the Ministry of Gender, Children and Social Development. It is now probably within the current Ministry of Sports Culture and Arts. One of its officials at the time or times relevant to this litigation was one Elphas Okwayo Makeya who described himself as the secretary of the Organization hereinafter “the appellant”.

The appeal arose as follows:

The appellant used to operate a health facility known as Delinds Medical Centre in Butula District within Busia County. On 10th May 2012 a team from the office of former Western Provincial Director of Public Health and Sanitation inspected the appellant's said facility. The team comprised Dr. Ahindukha Q.B, the Provincial Director of Public Health and Sanitation, Mr. Absalom Ingabo, the Provincial Clinical Officer, Mr. Zablon Onyango, the Public Health Officer from the Director's office and Mr. Dougla…

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