The High Court has extended interim orders stopping the Mombasa County Government from charging private health facilities trade licence fees.
Justice Olga Sewe yesterday extended the orders she issued last week and further directed the association to amend its petition within the next seven days.
The Kenya Association of Private Hospitals (Kaph) is challenging the proposed imposition of trade licence and single business permit charges on its members.
In its petition, Kaph says its members are regulated by the Kenya Medical Practitioners and Dentists Council, to which they pay fees for licences that are renewed annually. Kaph further argues that its members are excluded from acquiring licences from county governments and that the Constitution prohibits the devolved units from regulating professional bodies.
The association, which has also sued the county assembly, charges that the demand for levies from its members is irregular, unlawful, ultra vires (beyond legal powers) and unconstitutional.
“By demanding payment of single business permits and trade licences, the respondents violate the economic right of the petitioner’s member hospitals to make a living and their right to protection and benefit of the law as they are subjecting them to double taxation,” says Kaph.
Kaph adds that the decision to impose and enforce the charges is unreasonable, irrational and involves an ulterior motive.
It is seeking a declaration by the court that the action taken by the respondents is illegal and in violation of the Constitution.
According to Kaph, it received a complaint from one of its member hospitals that county government officials entered its premises demanding for a trade licence and single business permit fees.
Kaph says the persistent intimidation and harassment have raised numerous complaints among its members.
Arbitrary fees
It laments that the County Trade Licensing Act and Mombasa County Finance Act No.1 2021 “does not give a specific amount … a health clinic or a medical health facility should pay to the county government.”
This, it notes, gives the county government a free hand to charge arbitrary fees.
The county government has been directed to file its response to the amended petition seven days after being served. The case will be mentioned on March 29. BY DAILY NATION