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PHARMACY AND POISONS BOARD
V.
WAMBUA MAITHYA & 2 ORS

(2020) JELR 93556 (CA)

Court of Appeal 24 Apr 2020 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 485 of 2019 & Civil Application 529 of 2019 (Consolidated)
Judges:Daniel Kiio Musinga Kathurima M'inoti Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Pharmacy and Poisons Board v. Wambua Maithya & 2 others [2020] eKLR

RULING OF THE COURT

1. This consolidated ruling is in respect of two applications, Nos.485 and 529 of 2019 that emanate from the judgment of Odunga, J. delivered on 26th September, 2019 in Petition No.2 of 2019 at Machakos.

2. In Civil Application No. 485 of 2019, Pharmacy and Poisons Board, (the 1st applicant), seeks stay of execution of the decree emanating from the aforesaid judgment pending hearing and determination of an intended appeal.

3. In Civil Application No. 529 of 2019, Dr. Kamamia Wa Murichu, (the 2nd applicant), is also seeking a similar order as the 1st applicant.

4. In the Petition that gave rise to the impugned judgment, the Petitioner, Wambua Maithya, sought, among other reliefs, a declaration that the qualifications requirements for the position of Chief Executive officer (‘CEO’) of the Pharmacy and Poisons Board (‘PPB’) placed in the advertisement of 25th January, 2019 were unconstitutional, null and void.

5. The said advertisement required applicants to have at least …

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