JUDGMENT
1.In an appeal presented by way of a Memorandum of Appeal dated July 3, 2017, the Pharmacy and Poisons Board (hereafter ‘the appellant’ or ‘the Board’) asks this Court to address the question as to who, between the appellant and the 5th respondent, the National Quality Control Laboratory (the Laboratory) has the legislative mandate to carry out Good Manufacturing Practices (GMP) inspections under the provisions of the Pharmacy and Poisons Act, Cap 244 Laws of Kenya (hereafter ‘the Act’) and rule 10 of the Pharmacy and Poisons (Registrations of Drugs) Rules (hereafter ‘The Rules’.).
2.The appeal arises from the decision of the High Court of Kenya at Nairobi (Odunga J) dated March 16, 2017 in which the court held, inter alia, that the Laboratory is the relevant agency to carry out the inspections provided for under rule 10 of the Rules.
3.The decision was rendered following an application by the 1st respondent brought by way of notice of motion dated April 6, 2016 in which he soug…