President William Ruto faced a significant setback after the High Court in Nairobi nullified his appointment of Dr. Charles Githinji as the chair of the Pharmacy and Poisons Board.
The ruling, delivered by Justice Chacha Mwita, stated that the appointment breached the Public Service Act, as it lacked openness, transparency, and competitiveness.
Justice Mwita noted concerns regarding Githinji’s integrity and suitability, which had not been adequately addressed.
Despite an earlier Judicial Review Court decision that set aside a finding of negligence against Githinji, Justice Mwita clarified that this was due to procedural issues, not the facts of the case. According to Mwita, the original negligence allegations still cast doubt on Githinji’s integrity.
In the proceedings, lawyer Apollo Mboya argued that Githinji had previously been convicted by the Kenya Medical Practitioners and Dentists Council (KMPDC) for gross negligence, which led to a patient’s death.
Githinji was fined KSh 27,000 by the KMPDC, and the family of the deceased was awarded KSh 1.05 million in damages for negligence by the High Court in a separate suit in 2019.
Mboya further contended that President Ruto did not adequately assess Githinji’s integrity, competence, and qualifications before his appointment on January 20, 2023.
He emphasized that the position is crucial, as the board oversees pharmaceutical regulation, ensuring that only qualified professionals practice, thus protecting public health.
The ruling underscores the judiciary’s role in upholding the standards for public appointments, with Justice Mwita’s decision calling for adherence to transparent processes to maintain the integrity of critical regulatory bodies.
This ruling serves as a reminder to the administration to prioritize thorough vetting of individuals appointed to positions with significant public impact.
By Newsmedia