Lucy Wambui: 3 Body By Design Clinic Employees Charged over Death of Nairobi Woman
Three suspects have been charged over the death of Lucy Wambui Kamau, a 47-year-old Kenyan woman.
Source: Original
The four were arraigned on Wednesday, April 2, at the Kibera Law Courts and charged for allegedly contravening section 205 of the Penal Code.
Edna Wanjiru, the Body by Design Clinic proprietor, surgeon Robert Maweu Mutula, and George Wakaria Njoroge appeared before Senior Principal Magistrate Samson Temu and denied the charges.
Lucy died on October 6, 2024 after undergoing a cosmetic surgery at the facility.
The prosecution opposed the release of the suspects on bail or bond ahead of the hearing.
The defence lawyers, Danstan Omari, Sam Nyaberi, Cliff Ombeta, and Shedrack Wamboi objected. They argued that the suspects were innocent until proven guilty, as per the constitution. The lawyers said that the bail and bond applications should not be denied without evidence the suspects were flight risks and would interfere with the investigations or witnesses.
The defence lawyers further urged the court to release the suspects on bail and bond terms.
The court will rule on the bail and bond release application on Thursday April 3, 2025.
On Tuesday, April 1, the three attempted to stop their prosecution,
They sought to have the High Court stop their prosecution. Through their lawyer, Omari, they claimed that the proceedings constituted an abuse of the court process.
In their application, the suspects argued that the deceased did not report any post-surgical complications or seek follow-up care after her discharge from the facility.
They added that the decision to charge them was arbitrary, unfair, and procedurally flawed, violating Article 47 of the Constitution, which guarantees the right to expeditious, lawful, and fair administrative actions.
Court documents state:
"The Director of Public Prosecutions (DPP) has failed to properly assess the case according to established prosecutorial guidelines, rendering the decision to prosecute irrational, disproportionate, and an abuse of power."
They further claim that the DPP had no factual or legal grounds to pursue charges against them.
Source: UGC
They argued that unless the court intervened urgently to prevent this "malicious prosecution," their rights and fundamental freedoms could be severely violated, potentially affecting their ability to provide medical services.
Source: TUKO.co.ke
