Two directors and a surgeon of Omnicare Medical, also known as Body by Design, have been released on Sh500,000 cash bail each.
Kibera Principal Magistrate Samson Temu also granted the three accused persons an alternative bond of Sh1 million each.
The accused are George Wakaria Njoroge, Lilian Edna Wanjiru and surgeon Robert Maweu Mutula.
Omicare Clinic directors released on bail
Magistrate Temu rejected the prosecution’s request to deny the accused persons bail.
He said the prosecution had not provided evidence showing that the three were likely to interfere with witnesses.
The magistrate also noted that the accused had complied with legal requirements since the incident.
“For that reason, I grant the accused person a bond of Sh1 million or a cash bail of Sh500,000 each,” the magistrate ruled.
The three will return to court for mention on April 28.
Directors face manslaughter charges
The three accused persons have pleaded not guilty to manslaughter charges filed by the Office of the Director of Public Prosecutions (ODPP).
The prosecution alleges that they unlawfully caused the death of Wambui at Omnicare Medical Limited on Kabarsiran Avenue in Nairobi.
The alleged offence occurred on October 16, 2024.
Wambui underwent a 360-degree liposuction procedure at Omnicare Medical Center.
She later developed complications and died on October 26, 2024.
Patient died after liposuction procedure
According to the court documents, Wambui left the clinic on October 18 after undergoing the procedure.
However, she later became unwell and sought treatment at Nairobi Hospital.
Doctors performed emergency surgery on October 23 and allegedly discovered multiple perforations in her intestines.
A postmortem examination later attributed her death to extensive internal complications linked to the liposuction procedure.
Wambui was the wife of Nairobi businessman Francis Ng’ang’a, the CEO of Valley Road Motors and Village Market Auto Bazaar.
Prosecution opposes bail application
Prosecutor Victor Owiti had opposed the accused persons’ release on bond.
He argued that the three had significant influence and could potentially intimidate witnesses.
Some of the witnesses, he said, were employees of the second and third accused persons.
The prosecutor also alleged that the accused had previously failed to respond to summonses to appear in court.
“The accused persons’ conduct requires strict bond terms to ensure they do not interfere with the investigation and witnesses,” Owiti told the court.
Defence says accused cooperated with investigators
Defence lawyers Danstan Omari, Sam Nyaberi and Shadrack Wambui asked the court to release their clients on reasonable terms.
They argued that the accused had cooperated with investigators since Wambui’s death in October 2024.
The defence further maintained that the accused had complied with the legal process throughout the investigation.
The lawyers also challenged the decision to prosecute their clients for manslaughter.
Defence challenges Omicare prosecution
The defence previously argued that Wambui voluntarily chose to undergo the liposuction procedure after receiving information about its risks and possible complications.
Njoroge said the deceased received information about the procedure and signed an informed consent form.
“Before the procedure, the deceased was duly informed of the nature, risks, and possible complications, and she provided informed consent,” he stated.
The defence also claimed that the procedure was successful and that Wambui did not report complications to the clinic after her discharge.
“At no point did the patient express any post-surgery issues or seek further treatment at our facility,” the defence stated.
The lawyers argued that the prosecution amounted to an abuse of prosecutorial power.
Defence lawyer Danstan Omari also warned that criminally prosecuting medical professionals over medical procedures could have wider implications for the healthcare sector.
