The High Court has dismissed a petition challenging a decision by Machakos governor Alfred Mutua to shut down private health facilities and chemists operating near public hospitals within the county.
In a ruling delivered by Justice David Kemei, the court found that the governor's decision to revoke licences of the facilities stemmed from Machakos County Finance Act, 2018 whose validity had not been challenged.
"There is no challenge on the constitutionality of the provisions of the Machakos County Finance Act 2018 and on this basis alone decisions that stem from the application of the said statutes cannot be voided or invalidated," said Justice Kemei.
While dismissing a petition filed by three doctors against the governor's decision, the judge stated that as long as the said Act is in force the county government has a free hand in running the businesses.
From the record before me, it cannot be disputed that the petitioners have not challenged the validity of the laws that the respondent (county government) is relying upon," said Justice Kemei.
