REGISTRAR, PHARMACY & POISONS BOARD & CHAIRMAN, PHARMACY & POISONS BOARD V. PERMANENT SECRETARY - MEDICAL SERVICES MINISTRY, DIRECTOR - NATIONAL QUALITY CONTROL LABORATORY, REPUBLIC & RONARD OJUKU MOMANYI

JUDGMENT OF THE COURT

The central question in this appeal is the proper procedure for the appointment of members of the Management Board of the National Quality Control Laboratory (NQCL) established by the Pharmacy and Poisons Act, Cap 244 Laws of Kenya (the Act) and the validity of appointments made without adherence to the procedure prescribed by the Act. On 19^th May 2014, the High Court, (Odunga, J.) held that the appointment of members of the NQCL Management Board on 4^th March 2011 was ultra vires the Act and issued an order of certiorari to quash the said appointment and an order of prohibition barring the said Management Board from purporting to discharge the functions of the Board. The appellants, respectively the Registrar and the Chairman of the Pharmacy and Poisons Board, whom the High Court found to have been responsible for the unlawful appointments, were aggrieved and preferred the appeal now before us.

Before we delve into the merit of the appeal, it is apposite to place i…