Nairobi, Kenya – Three individuals associated with Body by Design Clinic (also known as Omnicare Medical) have been formally charged in connection with the death of Lucy Wambui Kamau, a 47-year-old businesswoman, following a cosmetic surgery performed at the facility. The accused, Lilian Edna Wanjiru (the clinic's proprietor), Dr. Robert Maweu Mutula (a surgeon), and George Wakaria Njoroge, appeared before Senior Principal Magistrate Samson Temu at the Kibera Law Courts on Wednesday, April 2, 2025, to face charges under section 205 of the Penal Code, relating to manslaughter.

The charges stem from an incident on October 16, 2024, where the prosecution alleges that the negligence of the three accused directly led to the death of Ms. Kamau, who underwent a 360-degree liposuction procedure at the clinic on Kabarsiran Avenue, Nairobi, on October 14, 2024. This procedure involves the removal of excess fat. Ms. Kamau was discharged four days later but subsequently experienced complications. She returned to the clinic and was then referred to Nairobi Hospital.

At Nairobi Hospital, doctors performed emergency surgery on October 23, 2024, discovering multiple intestinal perforations. Despite medical intervention, Ms. Kamau succumbed to extensive internal complications on October 26, 2024. A subsequent post-mortem examination confirmed that her death was a direct result of complications arising from the liposuction procedure performed at Omnicare Medical.

During the court proceedings, the prosecution, led by State Counsel Victor Owiti, vehemently opposed the release of the suspects on bail or bond. The prosecution argued that the accused held significant influence and were likely to intimidate witnesses, many of whom are current employees of the clinic. Owiti also pointed out that the accused had previously evaded summons to appear in court, suggesting a deliberate attempt to avoid being served.

Chief Inspector Peter Kamau submitted an affidavit supporting the prosecution’s stance, asserting that granting bail to the accused would pose a risk to public safety, potentially endangering other lives in similar circumstances. The prosecution further emphasized the seriousness of the offense, noting that manslaughter carries a potential life sentence.

The defense team, consisting of lawyers Danstan Omari, Sam Nyaberi, Cliff Ombeta, and Shedrack Wambui, strongly objected to the prosecution’s arguments. They asserted their clients' innocence until proven guilty, a right guaranteed by the constitution. They argued that bail and bond applications should not be denied without concrete evidence demonstrating that the suspects were flight risks or would interfere with investigations or witnesses. Omari highlighted that the accused had even secured anticipatory bail from the High Court prior to their arraignment, demonstrating their willingness to face trial.

The defense further argued that the deceased did not report any post-surgical complications or seek follow-up care after being discharged from the facility. They claimed 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. They further contended that the Director of Public Prosecutions (DPP) lacked factual or legal grounds to pursue charges against them, alleging a failure to properly assess the case according to established prosecutorial guidelines.

Prior to their arraignment, the accused had attempted to halt their prosecution by seeking intervention from the High Court. They argued that the proceedings constituted an abuse of court process and that their rights and fundamental freedoms could be severely violated, potentially impacting their ability to provide medical services.

Justice Diana Kavedza of the High Court had previously rejected their petition to halt the proceedings, noting that the accused would not suffer any undue harm by facing trial. The defense maintains that Ms. Kamau voluntarily sought the liposuction procedure after being fully informed of its risks and potential complications. They insist that the surgery was successful and that Ms. Kamau did not report any issues before her discharge, suggesting that her complications arose after she left their care and that the prosecution is unfairly targeting them.

Magistrate Temu ordered the three accused to remain in custody pending a ruling on their bail application, which is scheduled to be delivered on Thursday, April 3, 2025, at 2 pm. The case has drawn significant attention, raising critical questions about the regulation and oversight of cosmetic surgery clinics and the accountability of medical professionals in cases of alleged negligence.