A requirement that medical laboratory diagnostic suppliers validate all kits and reagents before license renewal will stay until April 14 when the case will be heard.
Members of the Association of Medical Laboratory and Diagnostic Supplies has asked the court to suspend the decision made in March by the Kenya Medical Laboratory Technicians and Technologists’ Board.
High Court judge Pauline Nyamweya declined to suspend the decision and directed the parties to argue the issue on April 14.
The court certified the case as urgent and directed that the Health Cabinet secretary and the Attorney General be included in the case as interested parties.
The lab kit suppliers association argued that the rights of its members are likely to be contravened, citing two memos issued by the Kenya Medical Laboratory Technicians and Technologists’ Board. The suppliers are represented by officials John Karume, Paul Wambura and Feroz Nawab.
The Kenya Medical Laboratory Technicians and Technologists’ Board issued the first memo on December 21, last year and the second on March 12.
The memos directed that all laboratories validate all kits, reagents and equipment used for clinical lab tests with the board before March 31 as a prerequisite for renewal of their licenses. The association wants the court to suspend the implementation of the memos.
The association said hospitals and clinical labs have declined to take new orders for laboratory equipment and reagents as a result of the memos. They are requesting proof of validation.
“The respondent’s (board's) memo of 21st December 2020 has the effect of introducing a parallel regulations process to that being undertaken by the interested party (Pharmacy and Poisons Board) which is achieving the same objective and subjecting the members of the applicant to double regulatory process with attendant costs,” the court heard.
The suppliers also accused the board of failing to conduct any stakeholder consultations before coming up with the two memos.
(edited by o. owino)
