A controversial medical case has taken a dramatic turn after a doctor facing criminal charges over alleged negligence successfully halted her prosecution through the High Court, raising fresh questions about accountability in Kenya’s healthcare sector.
Dr. Jane Njeri Kamau, who is accused of improperly diagnosing a patient and administering medication without due professional care, has temporarily stopped her criminal prosecution after obtaining conservatory orders from the High Court.
The orders now block the Director of Public Prosecutions, the Inspector General of Police, and the Directorate of Criminal Investigations from arresting, charging, or prosecuting the doctor until the court gives further directions.
The move effectively freezes the criminal case that had already begun to gather momentum before the Milimani Magistrates Court.
Just days earlier, Milimani Senior Principal Magistrate Theresa Nyangena had issued a warrant of arrest against Dr. Kamau after she failed to appear in court to answer charges of negligence and causing harm to a patient.
The court had expected the doctor to take a plea over allegations that she administered medication to a patient without conducting a proper diagnosis or exercising the level of care expected from a medical professional.
Prosecutors say the incident occurred on March 1, 2025.
According to the charge sheet, Dr. Kamau is accused of unlawfully administering a drug to the patient without proper diagnosis, professional diligence, or due care, actions that allegedly resulted in harm.
The case also includes a second serious charge.
Investigators claim the doctor was involved in the sale of unregistered drugs in violation of regulations established by the Pharmacy and Poisons Board.
Such offences carry serious implications in Kenya’s medical sector, where concerns over unregulated drugs and malpractice have repeatedly triggered public alarm.
But just as the case appeared set to proceed in the trial court, the doctor moved to the High Court and obtained orders stopping the prosecution.
Justice M. Muya issued the orders on February 24, 2026, after certifying the matter as urgent.
The judge directed the state agencies involved in the case to file their responses within seven days while the court considers the doctor’s constitutional petition.
The case is now scheduled for mention on March 17, 2026, for compliance and further directions.
Through her legal team led by senior counsel John Khaminwa, Dr. Kamau argues that the criminal case against her violates her constitutional rights.
Her lawyers claim the investigative and prosecutorial process was flawed and that the intended prosecution amounts to a violation of her right to fair administrative action and a fair trial.
The court will now determine whether the prosecution should proceed or remain blocked.
The case has already triggered debate within medical and legal circles about professional accountability, patient safety, and the growing trend of suspects seeking constitutional relief to halt criminal prosecutions.
For now, the criminal case remains frozen.
And the spotlight has shifted from the magistrates court to the High Court, where the fate of the prosecution will be decided.
