BY SAM ALFAN .
City lawyer Apollo Mboya has moved to court seeking suspension of Dr Charles Githinji as chairperson of the Pharmacy and Poisons Board.
In a suit filed at the High Court, the lawyer wants the court to suspend the appointment made on January 20, 2023 appointing Dr. Githinji the Chairperson of the board, pending hearing and determination of the case.
Justice Mugure Thande directed the lawyer to serve Dr Githinji and the Board and slated the case for mention on November 18.
Mboya claims in the court documents that Dr Githinji was convicted by the Kenya Medical Practitioners and Dentist Council (KMPDC) for alleged negligence and ordered to pay Sh27,000.
The lawyer said the medic was accused of gross negligence as a pharmacist, a move that contributed to the death of a patient.
Dr Githinji was allegedly accused of failing to take the history of the patient and which led to improper diagnosis and inappropriate prescription of Halfan and masquerading as a medical practitioner, engaged in diagnostic and curative services.
He adds that the decision of KMPDC was affirmed by the High Court in the judgment delivered on May 29, 2019, where Dr Githinji was slapped with general damages of Sh1.05 million.
“As a public Officer, Dr. Githinji is required to be compliant to the values and principles of public service provided in Article 232 of the Constitution of Kenya including high standards of professional ethics. In addition, as a public officer is required to uphold professionalism as provided in the Public Officers Ethics Act,” says lawyer Mboya in his court documents.
Mboya said in the court papers that the Pharmacy and Poisons Board is a critical institution that ensures the safety, efficacy, and quality of pharmaceutical products reaching the public.
This, he added, is in fulfilment of the right to health provided in Article 43 (1) (a) of the Constitution that guarantees every person the right to the highest attainable standard of health, which includes the right to health care services.
He said being at the helm of the board, the chairperson will be talked with regulating the Practice of Pharmacy and the Manufacture and Trade in drugs and poisons, including eliminating unqualified individuals and quacks from the pharmaceutical field safeguarding the profession’s integrity and protecting the public from potential harm.
“As the Chairperson of the Pharmacy and Poisons Board, Dr Githinji is required to provide overall leadership to the Board, play a key role in setting the agenda for the Board meetings and guide the Boards’s decision- making process,” says lawyer Mboya.
The city lawyer adds that it is a contradiction that a Chairperson of the regulatory body has himself been convicted for gross negligence, for acting beyond his calling as a pharmacist that contributed to the death of a patient and for masquerading as a medical practitioner.
He further states Dr Githinji breached the code of ethics of his professional association, the Kenya Medical Practitioners and Dentist Council.
“Dr. Githinji’s continued stay in the office endangers the rights and wellbeing of the public to the fundamental right in Article 43 (1) (a) of the Constitution that guarantees every person the right to the highest attainable standard of health,” he said.
Before moving to court, Mboya had written to Dr. Githinji seeking his immediate resignation.
