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DPP terminates criminal case against top pharmacist

Health & Science

                     Dr Paul Mwaniki speaking outside Kibera law courts

NAIROBI, KENYA: The Director of Public Prosecutions Keriako Tobiko has terminated a criminal case in which the president of the Pharmaceutical Society of Kenya (PSK) was charged with harassing and insulting a senior official at the Pharmacy and Poisons Board. Dr Paul Mwaniki had appeared before a Kibera court charged with creating disturbance and insulting the Registrar of the board, Kipkerich Koskei on May 15. However, Mwaniki did not take plea and instead wrote to the Director of Public Prosecutions (DPP) explaining the circumstances that led to his arrest and intended prosecution. Dr Mwaniki, who was represented by lawyer Harun Ndubi, had been arrested following a warrant of arrest issued against him by Kibera Principal Magistrate Bernard Ochoi for failing to appear in court on July 2. However, the office of the DPP on Tuesday asked the court to throw out the case, saying his arrest and intended prosecution was an abuse of the criminal process. "The Director of public prosecutions has directed that the criminal case against Dr Paul Mwaniki be terminated forthwith as it smacks of abuse of the criminal process," Senior Assistant DPP Mungai Warui told the trial magistrate. A cheerful Mwaniki, who later addressed the press, claimed the charges he faced had been trumped up and said at last the DPP's office has vindicated him. "My case at the Kibera court was based on trumped up charges. We now hope that with the dismissal of this case, the registrar of the board and the ministry will now focus on implementing proposals we have given them so that Kenyans can be assured of safe and efficacious medicine," said Mwaniki. Mwaniki claimed his stand against malpractices in the sector had attracted backlash from top ministry officials. He also called on Parliament to amend the law to provide for stiffer penalties against health workers who endanger lives through professional malpractices. He said the Pharmacy and Poisons Act Cap 244 provides for lenient penalties that predispose the sector to quacks and unregistered practitioners, adding the current laws do not even prescribe the minimum fine for engaging in unethical practices. "We have cases where those who are charged are fined as little as Sh5,000 when the illegal business they run have turnovers of as much as Sh100 million. What a mockery of justice is this? To stop loss of lives, we believe the law has to be tough on these criminals," PSK President Paul Mwaniki said. He added: "The PSK leadership has raised issues on inefficiencies in the regulation. This inefficiencies have led to importation of illegal and substandard medicine and also mushrooming of illegal outlets," Dr Mwaniki said. He said lawmakers and those charged with implementing policies should address stakeholder concerns, adding: "We want to assure Kenyans that PSK will continue putting pressure on the Ministry of Health to ensure proper regulation". The official claimed crooked importers with powerful connections were taking advantage of lax regulation to flood the country with fake and sub-standard medicine. He said the Pharmacy and Poisons Board should up its game by liaising more with stakeholders to enforce quality controls. Mwaniki said infiltration by quarks, questionable accreditation of practitioners and importation of drugs outside the existing registration and import guidelines had reached alarming levels. Other issues PSK wants addressed include inadequate inspectorate of premises and importation of medicine from unregistered manufacturing sites outside the country. "Those involved in the illegal imports and who have always issued threats to anyone who questions their activities," he said, adding the board should henceforth hold meetings with PSK to address the sectors' concerns.

 

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