Milimani Law Courts/FILEThe High Court in Nairobi has stopped the arrest and prosecution of a medical doctor after she challenged the decision to institute criminal proceedings against her.
Jane Njeri Kamau was due to face charges of improper diagnosis of a patient before the Milimani Magistrate Court.
She, however, challenged the prosecution at the High Court, arguing it was malicious and sponsored by a competitor.
Justice Martin Muya on Thursday issued orders stopping the police, the Directorate of Criminal Investigations, and the Office of the Director of Public Prosecutions issued in February from arresting, arraigning, charging, or prosecuting Njeri pending further directions in her petition.
The judge also certified her case urgent. Njeri filed her petition after the DPP approved the institution of criminal proceedings through a letter dated February 5, 2026.
The charges reportedly relate to alleged professional negligence in the course of her clinical duties as a medical doctor. She was to be charged alongside Vivian Chebet, a nurse who works at her clinic.
In her application, she 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, are now seeking the intervention of their respective licencing 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.
On Friday last week, Milimani senior principal magistrate Theresa Nyangena issued arrest warrants against Njeri and Chebet for failing to appear in court to enter a plea.
However, the arrest warrants were lifted on Monday after Khaminwa explained to the court that there was an order stopping the arraignment of the two.
Magistrate Nyangena purged her orders and asked parties to return to court on March 19 after the High Courts issues its further directions.
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