Court stops arrest of medics for allegedly giving patient unregistered drug

The High Court has issued conservatory orders barring detectives from arresting and prosecuting a doctor and a nurse who allegedly administered an unregistered weight-loss drug to a patient, causing her serious harm.

Dr Jane Njeri Kamau and the nurse Vivian Chebet Masai were accused that on March 1, 2025, they allegedly unlawfully administered an unregistered medicinal product, Mounjaro (Tirzepatide 7.5mg), to Nancy Muthoni Warutumo without proper diagnosis, due care or professional diligence, causing her harm.

Justice Martin Muya barred the Inspector General of Police, the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) from taking any action against the two suspects.

"Pending the hearing and determination of this application, conservatory orders are hereby issued restraining the DPP, IG, DCI, whether by themselves, agents or officers, from arresting, arraigning or prosecuting the petitioners based on the investigation of the DCI dated February 5, 2026," Justice Muya ordered.

The judge orderd 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.

The order, issued in Petition E007 of 2026, came as Njeri, and Chebet, a nurse, failed to appear before the Milimani magistrate's court for the second time.

When Milimani Senior Principal Magistrate Teresa Nyangena's court clerk called out the names of the two accused on Monday morning, there was silence. 

The two had also failed to appear on Thursday, when the magistrate first issued warrants of arrest directing that they be brought to court for plea.

Their advocate, senior counsel John Khaminwa, told the court that his clients were absent due to ill health.

"I have met and talked to Njeri Kamau and she cannot appear in court. I have not been able to meet Vivian Chebet. They are unwell. It is my humble submission that you put out this matter pending the hearing of the petition in the High Court," Khaminwa told Magistrate Nyangena.

The veteran lawyer further argued that the case against his clients had been brought without clean hands.

"Those who brought the charge did not bring the charge with clean hands. They had knowledge of the orders issued by the court. The state has failed to obey the orders and we will take up this matter before another court," Khaminwa said.

He urged the court to defer the matter and lift the warrants of arrest in light of the High Court's intervention.

"We urge the court to down its tools," Khaminwa submitted.

Lawyer Mark Wanyaga, representing the complainant Muthoni opposed the application to lift the warrants saying that the accused must physically appear before court first.

"To purge or lift warrants of arrest, the accused persons have to be in court. Be on issue up and until the two come to court," Wanyaga submitted.

He further noted that the case was not new.

"The matter before you was initiated in March 2025. The investigation was done and completed, and the DPP has recommended charges."

The prosecution also told the court it was only recently served with the High Court orders and needed time to review them. 

"The order dated February 24 was received at the ODPP on February 26, 2026. I have not had a chance to look at it. I am not aware of the matter at Makadara. We have a further mention to interrogate the order and the matter in Makadara High Court," the prosecutor told the court.

Magistrate Nyangena, however said that following the High Court order by Justice Muya suspending their prosecution, the plea taking was deferred to March 19, 2026.

She ordered the two suspects to present medical records at the next mention date to support their claim that they failed to appear in court due to illness.  

According to the charge sheet, Njeri and Chebet face charges of negligence causing harm contrary to Section 243(f) of the Penal Code.

Kamau alone faces an additional charge of selling and supplying an unregistered drug contrary to the Pharmacy and Poisons (Registration of Drugs) Rules.

According to investigation documents seen by The Standard, the complainant told investigators she visited Petals Dermatology clinic for a skin problem, before later being persuaded by the practitioners to try a weight loss programme and administered the unregistered drug Mounjaro (Tirzepatide 7.5mg).

She alleged she was never informed of the drug's purpose and was not subjected to any prior medical tests by Njeri and Chebet.

The drug, she said, allegedly caused blood clots and her skin to turn yellowish, forcing her to seek treatment at Nairobi Hospital.

DCI investigations are said to have further revealed that neither Njeri nor Chebet are registered medical practitioners with the Kenya Medical Practitioners and Dentists Council or the Ministry of Health.