Kenya: Appointment of Githinji As Pharmacy and Poisons Board Chair Contested

Nairobi — Apollo & Company Advocates has challenged the appointment of Charles Githinji as the new chairman of the Pharmacy and Poisons Board, citing unconstitutionality.

In the petition, Apollo Mboya argues that Githinji is not fit to hold the position, having been convicted by the Kenya Medical Practitioners and Dentists Council (KMPDC) for gross negligence that resulted in the death of a patient.

“(b) Subsequently, he was sued by the estate of the deceased in LWW (suing as administrator of the estate of BMN) v Charles Githinji [2019] eKLR, and on 29th May 2019, the High Court awarded the estate Kshs. 1,050,000 general damages against the 1st respondent for negligence,” the petition to the PPB CEO reads in part.

Mboya went on to say that Githinji’s selection as PPB Chair had also been declared unconstitutional by the High Court.

“A declaration is hereby issued that the appointment of Dr. Charles Githinji as chairperson of the Pharmacy and Poisons Board is contrary to and violation of constitutional principles in article 232 of the constitution read with section 10 of the Public Service (Values Principles) Act of high standards of professional ethics; fair competition and merit as the basis of appointments and promotions,” he added.

“(c) An order of certiorari is hereby issued quashing the Kenya Gazette Notice No. 630 contained in Vol. CXXV-No. 15 dated 20th January 2023 appointing Dr. Charles Githinji as the Chairperson of the Pharmacy and Poisons Board….”

Mboya warned of dire consequences of Githinji’s continuous role as the Chair of the board despite the court order.

“(i) All Board meetings by the Pharmacy and Poisons Board (“the Board”) convened and attended by Dr. Charles Githinji subsequent to the judgment are illegal and may be susceptible to challenge in court and/or in other fora,” he added.

“(ii) All such decisions made by the Board with the participation of Dr. Charles Githinji, may be susceptible to challenge in court following the declarations issued by the court regarding his suitability.”

ADVERTISEMENT