The High Court of Kenya has annulled the appointment of Dr. Charles Githinji as Chairperson of the Pharmacy and Poisons Board (PPB), following a ruling by Justice Enock Mwita that found the selection process failed to meet constitutional standards for leadership, integrity, and public service values. The court’s judgment emphasized that Dr. Githinji’s appointment did not uphold principles of transparency, merit, and fairness as mandated by Article 232 of Kenya’s Constitution and the Public Service (Values and Principles) Act.
Justice Mwita underscored the necessity for public officeholders to possess personal integrity, competence, and suitability, qualities he found lacking in Dr. Githinji’s case. The legal challenge was spearheaded by former Law Society of Kenya President Apollo Mboya, who raised concerns about Dr. Githinji’s professional ethics and past conduct. Mboya argued that Dr. Githinji’s appointment contradicted the principles of public service, highlighting a prior disciplinary action by the Kenya Medical Practitioners and Dentists Council (KMPDC), which fined Dr. Githinji KES 27,000 after a case of gross negligence led to a patient’s death.
Mboya’s submission contended that Dr. Githinji’s selection disregarded constitutional mandates that require public appointments to be based on fairness, merit, and adherence to professional ethics. The court noted that the selection process lacked transparency and failed to reflect the rigorous standards necessary for leadership roles in public service. Dr. Githinji’s defense—that he was a registered pharmacist rather than a medical doctor—did not sway the court, which agreed with Mboya’s view that his previous misconduct undermined his suitability for a position demanding the highest ethical standards.
In his ruling, Justice Mwita concluded that Dr. Githinji’s appointment breached not only the Public Service (Values and Principles) Act but also the core principles of competitive, merit-based recruitment and professional integrity. The decision has effectively invalidated Gazette Notice No. 630, which formalized Dr. Githinji’s role, and the court has called for a transparent recruitment process that aligns with constitutional expectations for public office appointments.
