AIDS LAW PROJECT and Others –JUDICIAL REVIEW. 376 OF 2010 & THE MINISTER OF MEDICAL SERVICES & PHAMACY AND POSIONS BOARD
The matter came up for hearing on the 15th March 2011; this was a mention to confirm whether the parties had agreed to the consent.
Mr. Munge was present for the respondents; Ms. Onyango Oduor was present for KMA , Mr. Omwanza for the interested parties ( CSO’s), Mr. Otieno for the pharmaceutical association, and Mr. Mutinda for the state.
Mr. Munge started by pointing out that the parties have appeared before severally and there was a consent that has for a while been negotiated.He further pointed out that the interested parties had not agreed to the consent.
Mr. Omwanza stated that he represents people who are directly affected by the tax increment since they are the consumers of the drugs, while the ex parte Applicants represent manufacturers. The position of interested CSO’s is that tax should not be levied arbitrarily on medicines.
Mr. Mutinda pointed out that he has been brought into the matter late and was not part of negotiating the consent therefore could not take a position on the same. Ms,Onyango for KMA stated they were ready to consent on the same grounds put forward by Mr. Munge.
The learned judge observed that consent cannot be forced on the parties and therefore the matter shall proceed for a hearing. He further directed that the applicants file in their written submissions within 14 days. Other parties shall file a reply within 14 days from the filing and the applicants could respond to any issues raised 7 days thereafter. The matter will be mentioned on the 16th May 2011 for purposes of taking directions on the date for highlighting the submissions.