Court Nullifies Appointment of Dr Charles Githinji as PPB Chair Over Integrity Violations

The High Court quashed the appointment of Dr. Charles Githinji as the chairperson of the Pharmacy and Poisons Board (PPB) following a ruling by Justice Enock Mwita. 

The judge ruled that the appointment violated constitutional principles surrounding leadership and integrity.

The decision stems from the fact that Githinji’s appointment did not adhere to the required transparency, fairness, and merit standards stipulated in Kenya’s Constitution, particularly under Article 232, and the Public Service (Values and Principles) Act.

Justice Mwita noted that the appointment lacked the essential qualities of personal integrity, competence, and suitability that are fundamental to public office appointments.

The appointment was challenged by former Law Society of Kenya (LSK) President Apollo Mboya based on Dr. Githinji’s professional conduct and the ethical issues surrounding his previous actions, particularly a conviction for gross negligence by the Kenya Medical Practitioners and Dentists Council (KMPDC) which once fined Dr. Githinji Sh27,000 after his negligence led to the death of a patient.

Mboya argued that the appointment was in violation of the constitutional principles of leadership and integrity, as outlined in Article 232 of the Kenyan Constitution, which mandates public appointments to be based on merit, fairness, and professional ethics.

In line with this, Mboya contended that the appointment process lacked transparency and fairness, ultimately failing to meet the high standards required for public office positions.

Despite Dr. Githinji’s defense that he was not a medical doctor but a registered pharmacist, the court agreed with Mboya’s submission that his history of misconduct undermined his integrity and fitness for the position.

Justice Mwita ruled that Dr. Githinji’s appointment violated not only the Public Service (Values and Principles) Act but also the principles of open competition, merit and professional standards expected of public servants.