THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CIVIL APPEAL NO. 45 OF 2023.

DR. SOLOMON OMACHE …………………………………………………….1ST APPLICANT

DR. HEZRON MANDUKU ………………………………………………………2ND APPLICANT

-VERSUS-

KENYA MEDICAL LABORATORY TECHNICIANS

AND TECHNOLOGISTS BOARD………………………....................................RESPONDENT

NOTICE OF APPEAL
(Under Rule 75 of the Court of Appeal Rules,2010)
Take notice that the applicants being dissatisfied with parts of the decision of the Honorable
Judge R.N SITATI given at Kisii on 21st August 2013, intends to appeal to the Court of
Appeal against such parts of the decisions decided:
1. THAT the judge erred in law in finding that the respondents did not act ultra vires.
2. THAT the judge erred in law and facts by holding that the respondents followed the
due process in issuing of immediate closure to the Appellant’s hospital
3. THAT the judge erred in law and facts by disregarding the appellant’s defense.
4. THAT the judge erred in law and facts in finding that the respondent was mandated to
issue a notice of immediate closure of the 1st and 2nd Appellants ‘hospitals without a
statutory or constitutional provision.
The address of service for the Applicants is care of CRISCOM CO. ADVOCATES. 2ND
FLOOR, TABBY HOUSE, NJUNG`E AVENUE, P. O. BOX 5430 -00100, NAIROBI.
It is intended to serve copies of this Notice of Appeal on KENYA MEDICAL
LABARATORY TECHNICIANS AND TECHNOLOGISTS BOARD.
DATED at Kisii ………Day of ………. 2023.
CRISCOM CO. ADVOCATES
ADVOCATES FOR THE APPEALANT
TO THE Registrar of the High Court of Kenya at Kisii.
LODGED in the High Court of Kenya ……….day of …….2023.
DEPUTY REGISTRAR
HIGH COURT OF KENYA AT KISII
DRAWN AND FILED BY
CRISCOM & COMPANY ADVOCATES.
P.O BOX 4576
NAIROBI.