Two directors and a surgeon of Omnicare Medical, also known as Body by Design have been released on Sh 500,000 cash bail.
Kibera principal magistrate Samson Temu also granted the accused persons namely George Wakaria Njoroge, Lilian Edna Wanjiru and Robert Maweu Mutula, a surgeon an alternative bond of Sh 1 million each.
In his brief ruling the magistrate said that the prosecution’s application to deny the accused persons bond has no merit. He said that there is no evidence that the accused persons can interfere with witnesses.
He said that accused persons have been throughout complying since the incident occurred without interfering with witnesses.
“For that reason I grant the accused person a bond of Sh 1 million or a cash bail of Sh 500,000 each pending the mention of the case on April 28,” said the magistrate.
At the same time the magistrate rejected the complainant’s request to defer ruling so as to amend his statement to the probation officer.
The three have since pleaded not guilty to the manslaughter charge filed by the Office of the Director of Public Prosecutions (ODPP).
The charges allege that on October 16, 2024, at Omnicare Medical Limited, located on Kabarsiran Avenue in Nairobi, the three unlawfully caused the death of Wambui.
Following the charge, the accused’s application for bond was opposed by the state.
Prosecutor Victor Owiti had earlier informed the court that the three accused have significant influence and could intimidate witnesses, some of whom are employees of the second and third accused.
He argued that the accused had previously evaded summons to appear in court and suggested that they had intentionally avoided being served.
“The accused persons’ conduct requires strict bond terms to ensure they do not interfere with the investigation and witnesses,” said Owiti, urging the court to deny them bail.
Defense lawyers Danstan Omari, Sam Nyaberi, and Shadrack Wambui, representing the accused, requested that their clients be granted reasonable bond terms, emphasizing their cooperation with investigators since Wambui’s death in October 2024.
They also argued that the accused had complied with all legal processes during the investigation.
In her ruling, Magistrate Temu ordered the three accused to remain in custody pending a ruling on their bail application which wa set to be delivered today at 2 pm.
The trio were accused of causing the death of Wambui, who underwent a 360-degree liposuction procedure at Omnicare Medical Center.
Wambui passed away on October 26, 2024, after complications from the surgery.
She was discharged from the clinic on October 18 but later felt unwell and sought further treatment at Nairobi Hospital.
After undergoing emergency surgery on October 23, surgeons discovered multiple perforations in her intestines.
A postmortem revealed that Wambui died from extensive internal complications caused by the liposuction.
The procedure, which involves the removal of excess fat, was performed on Wambui, who was the wife of prominent Nairobi businessman Francis Ng’ang’a, CEO of Valley Road Motors and Village Market Auto Bazaar.
Following investigations, the ODPP decided to press criminal charges against the three, citing evidence of negligence in Wambui’s treatment.
The prosecution of the three clinic owners and the surgeon came shortly after High Court Judge Diana Kavedza rejected their petition to halt the proceedings.
Earlier the defence lawyer had put up a spirited fight to block the prosecution of their clients claiming that Wambui voluntarily sought the liposuction procedure after being informed of its risks and complications.
“Before the procedure, the deceased was duly informed of the nature, risks, and possible complications, and she provided informed consent, which was signed on the same day,” stated Njoroge, one of the directors of the clinic.
The clinic’s defense claims that the procedure was successful, and Wambui did not experience any complications after her discharge.
“At no point did the patient express any post-surgery issues or seek further treatment at our facility,” the defense stated in their court papers.
They further contend that the prosecution is arbitrary and an abuse of power, claiming that the decision to charge them for manslaughter is unjustified.
“The DPP has failed to properly assess the case in line with prosecutorial guidelines, and the decision to prosecute is irrational,” said their lawyer.
Defense attorney Danstan Omari cautioned that prosecuting medical professionals for lawful medical practices could set a dangerous precedent.
“This prosecution could criminalize legitimate medical procedures and undermine the healthcare sector, discouraging medical interventions,” Omari warned.
