Body By Design clinic’s proprietors and a doctor will remain in remand for two weeks after their bond ruling was delayed to April 15.
Surgeon Robert Mutula, along with Omnicare Medical Limited owners George Njoroge and Lillian Edna Wanjiru, face manslaughter charges.
The three suspects in the alleged manslaughter of Lucy Wambui Kamau will now remain in custody until April 15, 2025, following the court’s directions that a probation report has to be filed before the suspects bail and bond release application is determined.
The suspects appeared before Senior Principal Magistrate Samson Temu for their bail and bond release ruling, only for the magistrate to say that he needs a probation report to enable him arrive at a reasonable decision.
Temu in ordering for the probation report, he said that bond or bail release is a constitutional right that can only be suspended and not taken away only when the state demonstrates compelling reasons to suspend the right.
“The justice system is yet to find a proper footing on the application of compelling reasons ground,” said Temu.
The court said it is duty bound to protect the constitutional rights on bail while taking into consideration of the victim impact to enable the process be seen to be fair and impartial.
It was the court’s findings that both the prosecution and the defence were far apart which did not help the court to arrive at a fair decision for the interest of justice.
Temu said he was alive at the fact that a life was lost which guided his decision to enable the victims who are the husband and children of the deceased to come to terms that the case is a fair judicial process that must be allowed to flow naturally without reading a mischief.
“I therefore order the probation officer to prepare a prebail report which will accommodate both the victims side and the suspects side to guide the court on the way forward before bond terms are granted.”
The suspects will remain in police custody until April 15, 2025.
They all pleaded not guilty to the charges on April 2.
The court heard that the accused caused the death of Lucy Wambui Kamau Nganga on October 16, 2024, at Omnicare Medical Limited, located on Kabarsiran Avenue in Nairobi County.
The Director of Public Prosecutions (DPP) opposed the release of the accused on bail or bond, arguing that the charges they face carry a life sentence and that there is a high likelihood they may interfere with witnesses.
The DPP further stated that the continued operation of the facility could endanger the lives of other Kenyans and impede the prosecution’s case.
After the operation, Wambui was initially scheduled for discharge on October 17, but she opted to stay a few additional days, a request the clinic granted.
On October 18, she reportedly began complaining of chest pains and was attended to by doctors and nurses.
She was discharged on October 22, after “she confirmed that she was ready to be discharged on the recommendations of the doctor.”
However, Wambui returned to the facility later that evening around 6 p.m., but the premises were closed.
Wambui’s relative reached out to a medical officer from the facility, who then accompanied her to Nairobi Hospital, where she underwent a second medical procedure the following day.
Tragically, she passed away on October 26 while under treatment.
Omnicare Medical claims they were notified by Wambui’s family through their lawyer on October 29, inviting them to attend the postmortem examination at Nairobi Hospital.
The Kenya Medical Practitioners and Dentists Council (KMPDC) ordered the immediate closure of Omnicare Medical due to serious health and safety violations under CAP 253 of the Medical Practitioners and Dentists Act.
This closure notice, issued on October 31, 2024 came in response to allegations of failed cosmetic procedures that allegedly led to fatalities, triggering public outcry.
Detectives from the Directorate of Criminal Investigations (DCI) joined the probe the death.
A team of detectives visited the facility and inspected it before announcing they had formally summoned the staff there to record statements at the DCI headquarters as the probe into the death intensifies.
Detectives seized various materials, including CCTV footage, for further analysis.
They also requested the practitioners who performed the procedures on the deceased to record statements.
Wambui was undergoing cosmetic surgery there.
Medical reports indicate that she passed away due to complications reportedly stemming from cosmetic procedures performed at the facility.
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