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Pharmacy and Poisons Board v. George Wang'anga, National Assembly, Speaker of National Assembly, Speaker of The Senate, Attorney General, Kenya PharmaceuticalDistributors Association & National Drug Quality Control Laboratory

(2020) JELR 94107 (CA)

Court of Appeal  •  Civil Appeal 79 of 2018  •  24 Apr 2020  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. This is an appeal against the judgment and decree of the High Court of Kenya at Nairobi (Odunga, J.) where the learned Judge entered judgment in favour of the 1st respondent following a Judicial review application against the appellant, 2nd, 3rd, 4th, 5th, 6th and 7th respondents herein hence issuing the following orders; now impugned:

“1. An Order of Certiorari removing into this Court for the purposes of being quashed all attendant proceedings and the decision of the 1st Respondent dated 5th April, 2017 that passed the motion to amend Sections 35 A (5) and 35 I (b) of the Pharmacy and Poisons Act under Clinical Officers (Training, Registration and Licensing) Bill 2016;

2. A declaration that the amendment to Sections 35A(5) and 35 I(b) of the Pharmacy and Poisons Act under section

34 of the Clinical Officers (Training, Registration and Licensing) Bill 2016 was passed in a manner that breached the express provisions of the Constitution and is thus unconstitutional…

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