The High Court in Nairobi has temporarily barred the arrest and prosecution of a Nairobi-based medical doctor and her co-worker after challenging the decision to institute criminal proceedings against them, which they argue was malicious and sponsored by a competitor
In orders issued on February 24, 2026, Justice M. Muya certified the matter as urgent and granted conservatory orders restraining the Director of Public Prosecutions (DPP), the Inspector General of Police, and the Director of Criminal Investigations (DCI) from arresting, charging, arraigning, or prosecuting Jane Njeri Kamau and Vivian Masai Chebet pending the hearing and determination of their application.
The case, filed as Petition No. E007 of 2026 before the High Court’s Criminal Division, arose after the DPP approved the institution of criminal proceedings against Njeri and Masai through a letter dated February 5, 2026. The charges reportedly relate to alleged professional negligence in the course of their clinical duties as a medical doctor.
In a Certificate of Urgency filed by her advocate, the petitioner argued that the decision exposed her to imminent arrest and prosecution and was made without due regard to constitutional safeguards, including the right to fair administrative action and fair trial. She further contends that the investigative and prosecutorial processes did not meet constitutional standards.
The court directed that the respondents and an interested party be served and file their responses within seven days.
The matter is scheduled for mention on March 17, 2026, for compliance and further directions.
Meanwhile, the doctor — and the nurse — through her lawyer, Khaminwa, is now seeking the intervention of their respective licensing councils, saying the councils under which she is registered have the capacity and mandate to protect their members.
Her legal team argues that some unqualified operators in the beauty industry who feel threatened by trained dermatologists are allegedly doing “anything under the sun” to discredit legitimate medical practitioners. They claim the criminal complaint forms part of a broader campaign to undermine qualified professionals through malicious reports and business rivalry.
The unfolding case is expected to reignite debate over the regulation of aesthetic and cosmetic procedures, and the balance between prosecutorial discretion and constitutional protections for medical professionals facing criminal liability in the course of their duties.
