Body by Design directors to face manslaughter charges over botched surgery
The suspects were initially scheduled to take their plea yesterday, but missed the court appearance
Four suspects, including two directors at the Omnicare Medical, also known as Body by Design, a plastic and cosmetic surgery clinic, will today appear in person at the Kibera law courts to face manslaughter charges over the alleged botched surgery that led to the death of a social media influencer, Lucy Wambui Kamau.
The four, including Robert Maweu Mutula, a surgeon, George Wakaria Njoroge, Lilian Edna Wanjiru, the proprietor of Body by Design, and the Body by Design Hospital, failed to appear in court.
The suspects were initially scheduled to take their plea yesterday, but missed the court appearance, prompting the court to reschedule the hearing for today.
Senior Principal Magistrate Samson Temu directed the suspects to be in court early today.
This was after their lawyers, Danstan Omari and Shadrack Wambui, explained that the summons had been served late and requested that their clients be allowed to appear today.
The defence lawyers informed the court that the suspects had secured anticipatory bail from the High Court to prevent their arrest.
The prosecution stated that all suspects had been properly served and urged the court to issue warrants for their arrest.
Wambui died days after complications related to the liposuction surgery.
She was discharged from the clinic earlier on but felt unwell while at home and returned to the facility.
She was then referred to the Nairobi Hospital, where she underwent an emergency surgery after doctors at the hospital discovered multiple perforations in her intestines.
Autopsy results indicated the 47-year-old died from extensive internal complications following her 360-degree liposuction procedure at Omnicare Medical.
Wambui was the wife of prominent Nairobi businessman Francis Ng’ang’a, CEO of Valley Road Motors and Village Market Auto Bazaar.
Following investigations, the DPP decided to press criminal charges against the suspects, but the suspects have filed an urgent application in the High Court seeking to stop the prosecution.
In their petition, Njoroge, Wanjiru, and Mutula argue that their prosecution is illegal and that Wambui had 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 provided informed consent duly signed on even date, under medical ethics and professional standards,” Njoroge, one of the directors of the clinic, stated.
They claimed that the procedure was successful, and she had not expressed any post-surgery complications before her discharge.
Upon discharge, the Petitioners stated in their court paper that they later learned through media reports that the deceased passed away at a different medical facility while receiving further treatment.
They further argued that the decision to charge them is arbitrary and an abuse of power, and they have called for an independent review of the case under the principles of natural justice.
According to them, the DPP has failed to conduct a proper assessment of the case in line with established prosecutorial guidelines, thereby rendering the decision to prosecute irrational, disproportionate, and an abuse of power.
The defense lawyers warned that prosecuting medical professionals for lawful practices could set a dangerous precedent that might undermine the healthcare sector.
“Prosecution of the Petitioners may be a dangerous precedent, criminalizing medical professionals for lawful medical practice, which undermines the healthcare sector and discourages medical interventions,” Omari stated.
