A surgeon and two Directors of Omnicare Medical Limited, also known as Body by Design, were Wednesday charged with manslaughter.
Robert Maweu Mutula (surgeon), George Wakaria Njoroge and Lilian Edna Wanjiru, the directors of Body by Design, were arraigned at the Kibera Law Courts.
They appeared alongside Omnicare Medical Limited, which operates under the alias Body by Design, before Senior Principal Magistrate Samson Temu.
They all pleaded not guilty to the charges.
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.
The court ordered that the accused be remanded in custody, with a ruling on bail scheduled for April 3, 2025.
The case is being prosecuted by Gikui Gichuhi, Maryanne Mwangi, Victor Owiti, and Samson Ngetich.
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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