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PRESS STATEMENT ON JOINT REGULATORY OPERATION IN WESTERN KENYA -18TH MARCH 2022

PRESS STATEMENT

The Pharmacy and Poisons Board (hereinafter ‘the Board’) is National Drug Regulatory Authority in the Ministry of Health, established under the Pharmacy and Poisons Act Cap 244 Laws of Kenya to regulate the practice of pharmacy and ensure safety, quality and efficacy of Medical Products and Health Technologies.

The Board and the National Police service is currently conducting a joint regulatory operation in Western Kenya and Nairobi region aiming at the following;

  • Execution of warrants of arrest relating to Pharma crimes. These warrants were issued by various courts under the specified jurisdiction following absconding of court obligations by the suspects who were charged with various pharmacy related offences.
  • Enforcement of previously issued closure notices. Such closures were meted out during joint crackdowns and routine Pharmaceutical regulatory inspections arising from non-conformities.
  • Surveillance and enforcement of adherence to Good Distribution Practices for Health Products and Technologies (HPTs).
  • To carry out stakeholder engagement and sensitization on the mandate of the Board focusing on the key players involved in the criminal justice systems such as ODPP and the judicial officers to Foster collaboration in the enforcement of Cap 244.

The targeted HPT distribution outlets includes illegal chemists, medicine hawkers,clinics, herbal medicine stores and cosmetic shops stocking medicament containing preparations disguised as cosmetics.

The operation that commenced on 13th March 2022 has seen a complete seizure of at least one hundred and fifty (150) cartons of assorted (HPTs) found in the illegal premises and the personnel found operating them were arrested and charged in court. The seized medicines will be analyzed and disposed off as guided through the issued court orders and in accordance with the PPB guidelines and operational SOPs on disposal of pharmaceutical waste.

A total of sixty (60) persons have been placed under arrest and registered for prosecution in various courts within western and Nairobi region.Some of the charges that those found operating illegal pharmacies were registered  with include but not limited to;

  1. i. Carrying on the business of a pharmacist in premises not registered by the Pharmacy and Poisons Board contrary to section 23(1) as read with section 23(6) of the Pharmacy and Poisons Act, Cap. 244 laws of Kenya.

ii. Carrying on the business of a pharmaceutical technologist in premises not registered by the Pharmacy and Poisons board contrary to section 23(1a) as read with section 23(6) of the Pharmacy and Poisons act, cap. 244 laws of kenya.

  1. iii. Possession of part I poisons while not being an authorized seller of poisons contrary to section 26(1)(b) as read with section 26(2) of the Pharmacy and Poisons Act, Cap. 244 laws of Kenya.
  2. iv. Possession of part I poisons in an unregistered premises contrary to section 26(1)(b) as read with section 26(2) of the Pharmacy and Poisons Act, Cap. 244 laws of Kenya.
  3. v. Operating the business of a pharmacist without the presence of a registered pharmacist in the premises where such business is being carried out contrary to section 20(1b) as read with section 20(2) of the pharmacy and poisons act, Cap. 244 laws of kenya
  4. vi. Carrying on the business of a pharmacist while not registered as a pharmacist by the Pharmacy and Poisons Board contrary to section 19(1)(a) as read with section 19(2) of the Pharmacy and Poisons Act, Cap. 244 laws of Kenya.
  5. Of concern to PPB are the absentee superintendents who leave licensed pharmacies under the care of unqualified persons. The superintendents of such pharmaceutical outlets shall be investigated and prosecuted.

 Julius Kaluai

FOR CHIEF EXECUTIVE OFFICER

 

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