High Court Stops Arrest of Doctor and Nurse Amid Claims of Malicious Prosecution
The High Court in Nairobi has issued temporary orders barring the arrest and prosecution of a Nairobi-based doctor and a nurse who have challenged the decision to institute criminal proceedings against them, arguing that the case is driven by malice and professional rivalry.
In conservatory orders granted on February 24, 2026, Justice M. Muya certified the application as urgent and restrained the Director of Public Prosecutions (DPP), the Inspector General of Police, and the Director of Criminal Investigations (DCI) from arresting, charging, arraigning, or prosecuting Dr. Jane Njeri Kamau and Vivian Masaai Chebef pending the hearing and determination of their petition.
The matter, filed as Petition No. E007 of 2026 in the High Court’s Criminal Division, arose following a decision by the DPP, communicated in a letter dated February 5, 2026, approving criminal charges linked to alleged professional negligence in the course of their medical duties.
Under a Certificate of Urgency, the petitioners argued that the move exposed them to imminent arrest and prosecution without adherence to constitutional safeguards, including the right to fair administrative action and a fair trial. They contend that the investigative and prosecutorial processes leading to the charges fell short of the standards required under the Constitution.
The court directed the respondents, along with an interested party, to file their responses within seven days. The case is set for mention on March 17, 2026, for compliance and further directions.
At the same time, the doctor and nurse, through their legal counsel, have sought the intervention of their respective professional regulatory bodies, arguing that the councils have the mandate to oversee and protect practitioners within their jurisdiction.
Their legal team further claims that the complaint is part of a wider scheme orchestrated by unqualified operators in the beauty and cosmetic sector who feel threatened by trained dermatologists. According to the defence, such individuals are allegedly resorting to extreme measures to discredit licensed professionals, including filing malicious complaints aimed at damaging reputations and disrupting legitimate medical practice.
