FILE PHOTO | NMG
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.
He ruled that the court was unable to make an order directed to the governor and the county government yet the powers are in law.
