Republic v Kenya Medical Laboratories Technicians and Technologists Board Ex-Parte Archdiocese Nairobi Kenya Registered Trustees [2018] KEHC 9303 (KLR)
- Court
- High Court of Kenya
- Case number
- 9303
- Citation
- [2018] KEHC 9303 (KLR)
- Decided
- 16 July 2018
The Board's mandate extends to training, business, practice, and employment, and the Medical Practitioners and Dentists Act does not cover the ex parte applicants, hence, the Board has no power to levy license fees.
Facts
The ex parte applicant, the Archdiocese Nairobi Kenya Registered Trustees, operates health institutions with hospital and medical laboratories and employs laboratory technicians and technologists. The Respondent, the Kenya Medical Laboratories Technicians and Technologists Board, is a body corporate established under the Medical Laboratory Technicians and Technologists Act.
Issues
- scope of the Board's mandate under section 5 of the Act
- proper construction of the exceptions provided under section 20 (2) (b) (iii) of the Act
- application or otherwise of the Medical Practitioners and Dentists Act in licensing and regulating private hospital and medical laboratories
Reasoning
The Board's mandate under section 5 of the Act includes training, business, practice, and employment, which are not covered by the Medical Practitioners and Dentists Act.
Outcome
The ex parte application is dismissed.
Orders
- The ex parte application is dismissed.
- The ex parte applicant is ordered to pay the Respondent's costs of the application.
Authorities cited
Legislation (3)
- Medical Laboratory Technicians and Technologists Act
- Medical Practitioners and Dentists Act
- Civil Procedure Rules, 2010
Cases cited (13)
- Civil Appeal No. 273 of 2003
- AAA Investments (Pty) Ltd v Micro Finance Regulatory Council
- Albutt vs Centre for the Study of Violence and Reconciliation
- Fedsure Life 11 Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council
- Albutt vs Centre for the Study of Violence and Reconciliation
- Act No. 10 of 1999
- Cap 253A, Laws of Kenya
- Onochie vs Odogwu
- Supreme Court of Nigeria
- Sutter vs Scheepers
- World Bank
- Boillot, F. 2009
- Supreme Court of Nigeria
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