Herbalists and pharmacy board in court row over arrests
A herbalist's prescription for various ailments is placed in front of his vehicle at the Kisumu Municipal Bus Park on June 9, 2011. FILE PHOTO | NATION MEDIA GROUP
The Pharmacy and Poisons Board (PPB) is embroiled in a legal tussle with the National Traditional Herbalist Health Practitioners Association over the prosecution of its members.
While the association is accusing the board of unfairly targeting its members, the PPB says the group is giving false and misleading information.
The herbalists have sued the Health cabinet secretary, the Attorney-General and the board following the arrest and prosecution of Mr Samuel Kamau Kabugua who runs a herbal clinic on Nairobi’s Ngong Road.
When the association moved to court in July to seek a reprieve, the sued parties did not put in their responses in good time hence an order was issued on November 27 blocking his prosecution.
The PPB Thursday filed a fresh suit seeking to suspend the order claiming that it interferes with its role on fishing out unscrupulous people who are engaging in illegal trading in pharmaceuticals. According to the board, the health of the public is at risk and neither the association nor Mr Kabugua stand to lose.
“It will not be prejudicial to the herbalists if the orders earlier granted are set aside. Instead it will create great prejudice to the board and consumers of medicine if our request is not allowed,” said lawyer Herman Omiti.
The PPB claims in court documents that the herbalists will take advantage of the order and sell to Kenyans medicine without a licence or proper authorisation as required by law. Mr Kabugua was arrested on June 17 following a raid on his Olive Herbal Clinic.
He was charged with manufacturing medicinal substances without a licence and importing poisons unlawfully. The association told court that Mr Kabugua is duly registered and that he has complied with all the requirements under the Public Health Act.
Court had also been told earlier that the board had advised that unless herbalists register with them, they risk being arrested and charged when a crackdown is done.
While Mr Kabugua was arrested during a mapping out exercise, the association alleges that his rights have been violated as he has been subjected to untold physical and mental stress, economic losses and embarrassment.
