A fierce legal battle is looming after the High Court in Nakuru extended orders barring the Kenya Medical Laboratory Technicians and Technologists Board (KMLTTB) from closing down a private hospital’s laboratory.
Lady Justice Maureen Odero on Tuesday gave the parties in the suit more time to file their submissions before the case proceeds for hearing.
Two weeks ago when KMLTTB closed down a laboratory belonging to Nakuru’s Valley Hospital saying that it did not meet set requirements.
The Hospital in turn rushed to court over what it termed as arbitrary and unfair closure of its laboratory by the board.
Through lawyer Kipkoech Ng’etich, Valley Hospital told the court that on October 14, KMLTTB visited the hospital and revoked the facility's license before shutting down the medical laboratory.
Ng’etich argued that the board did not issue a notice to the hospital management prior to the closure which he termed as unfortunate and against natural justice.
“They visited the premises, chased away everybody including patients in the lab, did a shoddy inspection before arbitrarily shutting it down,” he submitted.
The hospital further claims to have paid registration and other required fees and was issued with a certificate of registration to operate in the year 2015 as a private medical institution in accordance with the rules of the Kenya Medical Practitioners and Dentists Board.
They also claim to have been issued with a registration of a work premises by the director of occupational safety and health services for August 2015 to August 2016.
The hospital further annexed documents showing that they have registered under the Pharmaceutical Technologists Board to run a pharmacy and claimed that the decision to revoke their licence and the subsequent closure of the laboratory had paralysed operations in the facility.
KMLTTB on its part maintains that they inspected the facility and made a report of inspection before ordering the closure.
The hospital wants the court to declare the closure null and void.
Hearing is set for November 17