Three Omnicare Medical Limited clinic officials have been charged with Manslaughter at a Kibera Court.
They denied the charges after being accused of unlawful killing of a woman who died after undergoing a liposuction procedure in October last year.
Edna Lilian Wanjiru Mwariri and George Wakaria Njoroge, the owners of the facility and Dr Robert Maweu Mutula, an employee of Omnicare Medical Limited alias Body By Design were charged with unlawfully killing Lucy Wambui Kamau.
They allegedly committed the offence on October 16,20-24 at the Omnicare Medical Limited (alias Body By Design).
The Level 3B Medical Facility which is duly incorporated and registered with the Medical Practitioners & Dentist Board is located at Kabasiran Avenue, Nairobi County.
Mutula, Njoroge, Mwairi and Omnicare were jointly charged with manslaughter contrary to section 202 as read with section 205 of the penal code Cap 63 laws of Kenya.
They denied the charge before Kibera senior principal magistrate Samson Temu.
The prosecution opposed the release of the accused on bond saying the investigations diary has not been finalized.
The plea to deny them bond was vehemently opposed by defense lawyers Danstan Omari and Shadrack Wambui saying the accused are not a flight risk and will turn up for trial.
Omari told the court that the accused have been cooperating with the investigating officers and are willing to assist the police to complete investigations in the case with ease.
“The accused herein are willing to cooperate with the police just the way they have been doing since October 2024 when the investigations commenced,” Mr Omari stated.
Omari stated that the accused are being prosecuted irregularly as the proper body to undertake any investigations and recommend prosecution is Kenya Medical Practioners and Dentist Council (KMPDC) and not the police.
The lawyer informed the magistrate that there is a pending application at the High Court seeking orders to prohibit the director of public prosecutions (DPP) Renson Ingonga from arresting and prosecuting the four.
In the high court case Omnicare, Njoroge, Wanjiru and Mutula have sued the office of the DPP, the Directorate of Criminal Investigations (DCI) and the Attorney General (AG) as the respondents.
The three are asking the high court to grant a conservatory order restraining the DPP, DCI and AG either by themselves or agents or assigns from “arresting, detaining, charging, or arraigning the suspects in connection with or arising from the medical procedure undertaken upon Lucy Wambui (now deceased).”
The magistrate heard that the deceased voluntarily sought a liposuction 360/BBL procedure from Omnicare.
“Prior to the procedure, the deceased was duly informed of the nature, risks, and possible complications,” Omari states in the evidence presented at the high court.
He says the deceased signed a consent to undergo the procedure in accordance with the medical ethics and professional standards.
The procedure was conducted by Dr Mutula, in full compliance with the established medical protocols and she was placed under routine post-operative care and was discharged on October 22,2024.
“Upon discharge, the petitioners later learned through media that she passed away at a different medical facility while receiving further treatment on October 26,2024,” Omari has disclosed in his evidence.
The suspects states that the decision by the DPP to charge them with manslaughter is illegal and malicious as the proper body to conduct the matter is KMPDU.
Omari informed the magistrate that the high court is seized of the matter and applied for the suspects to be freed on bond saying it is their fundamental and constitutional rights.
The magistrate will decide today on whether they will be released on bail.
