Nairobi court halts arrest and prosecution of 2 medics
By Zipporah Ngwatu, March 2, 2026A Nairobi High Court has barred the police and the Director of Public Prosecutions (DPP) from arresting and prosecuting doctor Jane Njeri Kamau and nurse Vivian Chebet Masai, who are linked to administering a drug to a patient, causing her serious harm.
According to court papers, the two are said to have unlawfully administered an unregistered medicinal product known as Mounjaro (Tirzepatide 7.5mg) to one Nancy Muthoni Warutumo without proper diagnosis, due care, or professional diligence on March 1, 2025.
Justice Martin Muya has issued temporary orders blocking the Inspector General of Police, the Directorate of Criminal Investigations (DCI), and the DPP from taking any action against the two, who are persons of interest in the matter.
“Pending the hearing and determination of this application, conservatory orders are hereby issued restraining the DPP, IG and DCI, whether by themselves, agents or officers, from arresting, arraigning or prosecuting the petitioners based on the investigation of the DCI dated February 5, 2026,” Justice Muya ordered.
Further, Justice Muya has directed that the respondents and an interested party be served and file their responses within seven days.
On February 26, 2026, the two were supposed to appear before Milimani Senior Principal Magistrate Teresa Nyangena but skipped court, leading to the issuance of arrest warrants against them.
The court directed that they be arrested and produced in court on Monday, March 2, 2026, for plea taking, but they were still not in court for the second time.
Appearing before Magistrate Nyangena, senior counsel John Khaminwa, representing the two, informed the court that his clients were absent because they were sick.
“I have met and talked to Njeri Kamau, and she cannot appear in court. I have not been able to meet Vivian Chebet. They are unwell. It is my humble submission that you put out this matter pending the hearing of the petition in the High Court,” Khaminwa told the court.
“Those who brought the charge sheet did not bring the charge with clean hands. They had knowledge of the orders issued by the court. The state has failed to obey the orders, and we will take up this matter before another court,” Khaminwa added.
Further, he requested the court to lift the warrants of arrest against his clients and defer the matter.
Lawyer Mark Wanyaga, representing the complainant, Muthoni, opposed the application to lift the warrants, adding that the two should appear before court before the warrants are lifted.
According to lawyer Wanyaga, the matter was initiated in March 2025, investigations were conducted, and the DPP recommended charges against the two.
The prosecution also told the court it had only recently been served with the High Court orders and needed time to review them.
“The order dated February 24 was received at the ODPP on February 26, 2026. I have not had a chance to look at it. I am not aware of the matter at Makadara. We have a further mention to interrogate the order and the matter in Makadara High Court,” the prosecutor told the court.
In her ruling, Magistrate Nyangena noted that following the High Court order by Justice Muya suspending their prosecution, plea taking was deferred to March 19, 2026.
Further, she ordered the two medics to present medical records at the next mention date to support their claim that they failed to appear in court due to illness.
According to the charge sheet, Njeri and Chebet face a charge of negligence causing harm contrary to Section 243(f) of the Penal Code.
Kamau alone faces an additional charge of selling and supplying an unregistered drug contrary to the Pharmacy and Poisons (Registration of Drugs) Rules.
The matter is scheduled for mention on March 17, 2026, for compliance and further directions.