Ngilu’s big
victory
in Public
Health case
By Martin Masai
GOVERNOR
Kaluki Ngilu today won a decisive victory for the people of Kitui when a case
by Mount Kenya Wholesalers against the County Government dramatically collapsed at
the High Court.
The victory
means that Mrs Ngilu has successfully protected her people from consuming
contaminated foodstuff stored in conditions that contravene Public Health Act,
hence risking their health. Healthcare forms the second pillar of the governor’s
manifesto. She has since launched the Kitui County Health Insurance
Cover-K-CHIC to underscore her commitment in the health front.
The collapse
of the case was heralded by a fallout between the proprietor of the firm Mr
Simon Mwangi and his advocates, forcing him to stand solo and represent himself
in the final court action where he signed off a five-point consent order, effectively
throwing in the towel in the protracted contest where he was challenging the closure
of his stores.
Mwangi went to court ex parte with six prayers seeking to compel the
Kitui Chief Officer Finance Mr. Enoch Nguthu jointly with his Health and
Sanitation counterpart Dr. Richard Muthoka and the County Government of Kitui
to unlock Mount Kenya Wholesalers premises that was closed down on August 3
2018 for failing to meet minimum Public Health requirements. They also sought reinstatement
of their trading license.
The trader has been in court
time and again seeking prayers that have been rejected one after another,
depicting a desperate picture of a litigant who had been cornered together with
his lawyers C Ndegwa and D Ndegwa, leaving no doubt that his case was on its
knees.
After the
fallout with his lawyers, Mwangi reached out Lawyers representing the County
Government led by Mr. SS Malonza to negotiate a salvage plan of a case defined
buy a streak of losses of successive applications after every court appearance.
Mr Malonza,
flanked by Mr. Davidson Makau and
County Senior Counsel Marianne Matuvi were all smiles as they filed the
consent order declaring that the matter be marked as withdrawn and all
consequential orders discharged. Mr Malonza signed the order on behalf of the
County Government while Mwangi inked the deal personally.
The order
also allows Mwangi to remove all his goods from the premises identified as City
Gate Building along Mukuti Street within the Kitui Central Business District (CBD)
area and at the store along Kilungya Street at Plot Number 610.
Further, the
order requires the trader to remove all goods from the said premises and
undertake not to carry on business on the same premises until and when they
conform to County Regulations. It concluded that Mwangi and Mt Kenya
Wholesalers have no further claims against the respective Chief Officers for Treasury
and Health and the County Government of Kitui that all parties bear their own
costs.
