RUPHA's bid to stop county business permits hits legal wall
The Rural Private Hospitals Association (RUPHA) of Kenya failed in its legal attempt to stop county governments from charging single business permit fees. The High Court dismissed the petition, citing that the issue had already been settled in previous litigation.
Why it matters
The ruling clarifies the regulatory and taxation authority of county governments over private healthcare facilities in Kenya.
The Rural Private Hospitals Association (RUPHA) of Kenya has lost a bid to stop the 47 county governments from imposing single business permit fees on private medical facilities after the High Court struck out its petition.
Justice Roselyne Aburili on Tuesday dismissed the petition after finding that the dispute had already been determined in previous court proceedings and that the association lacked the legal capacity to sue in its own name.
The association had challenged the levying of single business permits on private healthcare facilities, arguing that the facilities were already subject to regulation and licensing by national statutory bodies.
"It(RUPHA) contends that regulatory oversight, quality control, operational licensing and annual reviews are executed exclusively by national statutory regulatory bodies such as the Kenya Medical Practitioners and Dentists Council (KMPDC), the Clinical Officers Council (COC) and the Nursing Council of Kenya," the judge observed in part of the judgement.
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