Kenya Pharmaceutical Distributors Association v Kenya Veterinary Board & 3 others [2017] KEHC 2181 (KLR)
- Court
- High Court of Kenya
- Case number
- 2181
- Citation
- [2017] KEHC 2181 (KLR)
- Decided
- 29 September 2017
Sections 14(c) and 39(2)(a) of the VET Act are unconstitutional, and the Veterinary Medicine directorate regulations are inconsistent with the Pharmacy and Poisons Act.
Facts
The petitioner, Kenya Pharmaceutical Distributors Association, filed a petition alleging that certain provisions of the Veterinary Surgeons and Veterinary Para-Professionals Act 2011 (VET Act) are inconsistent with the Constitution and Pharmacy and Poisons Act. Specifically, they challenged Sections 14(c) and 39(2)(a) of the VET Act and the Veterinary Medicine directorate regulations.
Issues
- whether Sections 14(c) and 39(2)(a) of the VET Act are unconstitutional
- whether the Veterinary Medicine directorate regulations are inconsistent with the Pharmacy and Poisons Act
- whether the regulations were made in breach of the Statutory Instruments Act and the Constitution
Reasoning
The Court found that the VET Act provisions violate the Pharmacists' right to practice veterinary medicine and lack public participation. The regulations were also found to be inconsistent with the Pharmacy and Poisons Act.
Outcome
The Court declared Sections 14(c) and 39(2)(a) of the VET Act unconstitutional and the Veterinary Medicine directorate regulations inconsistent with the Pharmacy and Poisons Act.
Authorities cited
Legislation (3)
- Veterinary Surgeons and Veterinary Para-Professionals Act 2011
- Pharmacy and Poisons Act
- Statutory Instruments Act
Cases cited (4)
- Ndynabo v Attorney General of Tanzania
- Olum and Another v The Attorney General
- The Queen v Big M. Drug mart Ltd
- Institute of Social Accountability and another v National Assembly & 4 others
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