The government has issued a fresh warning to players across the pharmaceutical and retail sector, cautioning against the handling and sale of illegal health products as enforcement measures are stepped up nationwide.
In a public notice dated Tuesday, December 9, the Pharmacy and Poisons Board cautioned manufacturers, importers, distributors, wholesalers, retailers and supermarkets against dealing in unregistered, falsified, counterfeit or recalled health products.
The regulator said such activities are unlawful and expose individuals and businesses to serious legal and regulatory consequences.
The Board further warned that supermarkets, cosmetic shops, household goods stores, online sellers and other general retail outlets are not allowed to stock or sell prescription-only medicines.
It said any outlet found engaging in this practice would face enforcement action for breaching existing laws.
According to the notice, the importation, possession, distribution, sale or use of illegal health products remains prohibited within Kenya.
The Board said those found involved risk prosecution and criminal liability, including action against superintendent pharmacists or pharmaceutical technologists, persons acting under their direction, managers or persons in charge of premises, as well as directors and owners of the affected establishments.
The regulator added that enforcement action may go beyond court processes, warning that operating licences could be suspended or revoked and premises closed where violations are confirmed.
On the sale of medicines through retail outlets, the Board reiterated that general retailers are not authorised to stock, sell or supply prescription-only medicines under any circumstances.
It warned that business owners, managers and directors would be held personally accountable for any breaches.
The Board advised businesses that are unsure about which health products they are allowed to sell to seek guidance directly from the regulator to avoid running afoul of the law.
Members of the public were also urged to remain alert and report any suspected illegal medicines or adverse drug reactions. The Board said reports should be made even where there is doubt about the authenticity or safety of a product.
“You need not be certain, just be suspicious. Report any suspected unregistered, falsified, counterfeit medicine, or adverse drug reaction to the Board," the notice read.
The regulator said reports can be filed through its online portal, by dialing the *271# USSD code, using the mPvERS mobile application on Android and iOS, or by contacting the Board through its official email addresses and telephone line.
The warning comes weeks after the Ministry of Health announced a crackdown on pharmaceutical distributors as part of a wider effort to remove unsafe and illegal medicines from the market.
Speaking on Wednesday, November 26, Health Cabinet Secretary Aden Duale directed the Pharmacy and Poisons Board to step up enforcement and strengthen oversight across the sector.
"The Cabinet Secretary for Health, Aden Duale, has issued firm directives to the Pharmacy and Poisons Board (PPB) to intensify regulatory enforcement and protect the health of all Kenyans," the ministry said in a statement.
Duale instructed the Board to act without delay, saying the market must be cleared of unsafe pharmaceutical products.
"Duale called on the PPB to immediately remove substandard, falsified, poor-quality, counterfeit, and unregistered medicines from the market and to prosecute individuals, directors, or entities involved in their distribution or sale," the statement added.
He also called for strict compliance with existing regulatory standards governing pharmaceutical products and professional conduct.
"He emphasised strict compliance with the Pharmacy and Poisons (Parallel Imported Medicinal Substances) Rules of 2019, ordered an end to the illegal leasing of professional licences, and directed full implementation of bioequivalence requirements to ensure generics perform like innovator products," the statement further read.
