Chief Justice David Maraga is set to appoint three-judge bench to hear and determine case challenging the Kenya Medical Supplies Authority as the sole supplier of drugs to counties.
The move comes after the High Court declined to issue orders that allow counties to buy drugs from other suppliers besides Kemsa.
Justice Weldon Korir directed the case challenging the decision to have Kemsa be the sole supplier be taken to the CJ to appoint the judges to hear the case.
The matter will be mentioned on November 21 for orders.
Last week, Parliament asked county governments to clear their debts with Kemsa.
Health Committee chairperson Sabina Chege said some counties had started sourcing drugs from private companies which compromised their standards after they accumulated huge debts with Kemsa.
She said the Health Laws Amendment Act signed into law by the President in May made it mandatory for county governments to source their drugs from Kemsa.
Speaking to The Star, Chege said each level of health facilities has a set of drugs it should have, from the health centres to referral hospitals.
This order was however broken and any drugs could be found in any facility.
