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, in it’s effort to tame irregular pharmaceutical practices in the country is partnering with the National Police is currently conducting a joint regulatory operation in Lower Eastern Kenya and Nairobi region aiming at the following;

• To carry out stakeholder engagement and sensitization on PPB mandate focusing on the key players involved in the criminal justice systems such as ODPP and the judicial officers.
• Audit of the controlled medicines and prescription medicine documentation in line with the Pharmacy regulations.
• 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 the various pharmacy related offences.
• Enforcement of previously issued closure notices. Such closures were meted out during joint crackdowns and routine Pharmaceutical regulatory inspections. Surveillance and enforcement of Health Products and Technologies (HPTs) Good Distribution Practices.

Of key concern is the emergence of illegal chemists within Mlolongo and Kangundo road areas. Some clinics were also found running illegal pharmacies run by unqualified pharmaceutical personnel.

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

A total of Seventy (70) persons have been placed under arrest and registered for prosecution in various courts within Lower Eastern  and Nairobi regions.

Some of the charges preferred to those found in violation includes;

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.

• 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.
• 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.
• 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.
• 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
• 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.

The operation that commenced on 28^th March 2022 has seen a complete seizure of at least One hundred thirteen (113)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. 

Kaluai Julius

Head, Enforcement and Surveillance

FOR: CHIEF EXECUTIVE OFFICER

1st April 2022