Court stops arrest of two Medics accused of administering unregistered drug in Nairobi

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The High Court in Nairobi has temporarily barred the police and the Director of Public Prosecutions (DPP) from arresting or prosecuting two medical practitioners accused of administering an unregistered drug to a patient.

Justice Martin Muya issued conservatory orders restraining the Inspector General of Police, DCI, and the ODPP from taking action against Dr. Jane Njeri Kamau and nurse Vivian Chebet Masai pending the hearing and determination of their petition.

In his ruling, Justice Muya ordered that no arrest, arraignment, or prosecution should proceed based on investigations conducted by the DCI dated February 5, 2026, until the matter before the High Court is heard and determined.

Court documents alleges that the two medics are suspected vñof unlawfully administering an unregistered medicinal product Mounjaro (Tirzepatide 7.5mg) — to Nancy Muthoni Warutumo on March 1, 2025.

In courts

The charge sheet alleges that the drug was administered without proper diagnosis, due care, or professional diligence, resulting in serious harm to the patient.

The duo had been scheduled to appear before Milimani Senior Principal Magistrate Teresa Nyangena on February 26, 2026, for plea taking but failed to attend, prompting the court to issue warrants of arrest. 

In today's court session,march 2,2026,,the two did not also appear when the matter came up again.

Appearing before the Milimani magistrate, senior counsel John Khaminwa told the court that his clients were unwell and unable to attend.

He argued that authorities were aware of the High Court orders, stating, “The duty of the Inspector General is to obey court orders, and it is quite clear the orders have not been obeyed.”

He further maintained that service had been effected, telling the court, “The court orders were duly served upon the respondent.”

However, lawyer Mark Wanyanga, representing the complainant, opposed the application to lift the warrants of arrest. 

He insisted that the accused persons must first submit to the court’s jurisdiction instead.

“We ask that the warrant of arrest remains in force until the two persons are arraigned before court.”Wanyanga for the complainant said.

The prosecution told the court it had only recently been served with the High Court orders and requested time to review them, including directions issued in a related matter before the Makadara High Court.

“We ask for a further mention to interrogate the order, as well as the other order from the Makadara High Court.”the state said in its submissions.

Counsel Wanyanga added that investigations were initiated in March 2025 and completed, after which the DPP recommended charges.

In her ruling, Magistrate Nyangena deferred the plea taking to March 19, 2026, in light of the High Court’s orders.

She also directed the two medics to present medical records during the next mention to substantiate their claim that they were unable to attend court due to illness.

Both accused persons face a charge of negligence causing harm contrary to Section 243(f) of the Penal Code. Dr. Kamau 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.

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