In courts: Clinic owners, surgeon await bond ruling in botched surgery case

A magistrate court is today expected to rule on an application for bond by proprietors of a city clinic and their surgeon who were Wednesday charged with manslaughter.

Robert Mutula, George Njoroge and Edna Wanjiru were yesterday remanded after pleading not guilty to the charges before Kibera senior principal magistrate Samson Temu.

The court directed that they be remanded at the Industrial Area prison and Langata Women's prison respectively until Thursday at 2 pm when a ruling on their bond application will be delivered.

The charges stem from allegations of a botched cosmetic surgery linked to the death of businesswoman Lucy Wambui.

Wambui died in October 2024 from complications from a surgical procedure.

The social media influencer underwent cosmetic surgery at Omnicare Medical Clinic, also known as Body by Design, and was discharged on October 18.

The clinic is co-owned by George Wakaria and Edna Wanjiru who are husband and wife.

The Director of Public Prosecutions through senior prosecution counsel Victor Owiti opposed the accused person's application to be released on bond.

Owiti said the accused persons being the owners of the facility, we're the employers of witnesses lined up to testify.

"As such, they are likely to interfere with the witnesses if released on bond," Owiti said.

Owiti said the likelihood of interfering with witnesses was a compelling reason to deny the bond.

He said the charge of manslaughter was so serious with a possible sentence of life imprisonment hence the seriousness of the matter.

Defence lawyers led by Danstan Omari, Cliff Ombeta, Samson Nyaberi and Shadrack Wambui in seeking bond said no evidence of witness interference had been tabled to warrant the denial of bond.

"The state says the accused persons may interfere yet no such evidence has been tabled before the court," Ombeta said.

Wambui said the court was being invited to limit the rights and freedoms of the accused persons by denying them bond.

"However serious the offence is, it cannot be the reason to deny bail or bond," Wambui said.

But Owiti countered saying the victim's family also had rights which the court ought to balance.

He argued that the accused should remain in custody during the hearing of the case to prevent the possibility of endangering the lives of other members of the public.

Earlier, the accused persons had sought to block the plea-taking at the High Court.

Justice Kavedza Diana however directed that plea-taking proceeds even as the petitioners serve the victim's family with their documents.

Lucy Wanbui was the wife of Francis Ng'ang'a, the CEO of Valley Road Motors. The family is represented in the case by lawyer Philip Nyachoti.

Justice Kavedza said the petitioners would suffer no prejudice if they take a plea pending further directions of the High Court.

The case at the High Court will be mentioned on April 8 for further directions.