A Kibera court has ordered the proprietors of a Nairobi-based cosmetic clinic, Omnicare (also known as Body by Design), to appear before the court on Wednesday to face manslaughter charges following the death of businesswoman and social media influencer Lucy Wambui.
The clinic’s surgeon, Robert Maweu Mutula, along with owners George Wakaria Njoroge and Lillian Edna Wanjiru, will be required to plead to the charges tomorrow morning at 9am, which stem from a botched cosmetic surgery procedure that led to Wambui’s tragic death.
Wambui, a 47-year-old businesswoman and wife of prominent Nairobi entrepreneur Francis Ng’ang’a, passed away in late October 2024 after complications from a liposuction surgery at Omnicare Medical.
She underwent the procedure on October 16, 2024, but was discharged two days later on October 18.
However, after returning to the clinic with severe pain and discomfort, she was transferred to Nairobi Hospital, where doctors discovered multiple perforations in her intestines during an emergency surgery on October 23.
Despite attempts to save her life, Wambui passed away on October 26, 2024.
Following an autopsy, it was revealed that Wambui had died from extensive internal injuries caused by her liposuction procedure.
The procedure, which involves the removal of excess fat from the body, was alleged to have been mishandled, leading to severe complications that were not addressed in time.
After a thorough investigation, the Director of Public Prosecutions (DPP) decided to press criminal charges against the clinic’s owner-operators and the surgeon.
These charges are based on allegations of negligence, recklessness, and malpractice that led to Wambui’s untimely death.
During a recent court appearance, the defense lawyer, Danstan Omari, representing the accused, argued that the suspects had been served with the charges late and requested a deferral of the plea-taking until Thursday.
Omari also noted that his clients had obtained anticipatory bail from the High Court to prevent their arrest, adding that they had challenged the charges and wanted to await directions from the superior court.
However, the prosecution and lawyers representing Wambui’s family opposed this request, arguing that the suspects had been given ample notice to appear in court and that there was no reason to delay the proceedings.
The prosecution further emphasized that the High Court had not halted the court’s current proceedings and that the suspects should be held accountable for the death of Wambui.
The senior principal magistrate, Samson Temu, agreed with the prosecution and directed that the suspects appear before him on Wednesday at 9 AM to continue the legal proceedings.
Meanwhile, the suspects have filed an application with the High Court to stop their prosecution.
The petition, filed under urgency, seeks to prevent the DPP and the Directorate of Criminal Investigations (DCI) from charging them over Wambui’s death until their petition is heard.
They argue that the prosecution is unjustified and amounts to a witch-hunt, insisting that Wambui had voluntarily sought the cosmetic surgery and was fully informed of the risks involved.
In their court documents, the suspects claim that Wambui’s procedure was successful, and she requested an extended stay at the clinic.
After being discharged, they state that there were no signs of complications or concerns raised by Wambui regarding her condition at the time of her release.
They assert that it was only after her death at Nairobi Hospital that the clinic learned of the tragic outcome through media reports.
The suspects further argue that the decision to charge them with manslaughter is based on an unjustified interpretation of the events and fails to consider the full circumstances surrounding Wambui’s death.
They claim the DPP’s decision to prosecute undermines the rights of medical professionals and could set a dangerous precedent in which healthcare providers are criminalized for medical outcomes that do not result from negligence.
Their legal team, led by Omari, argues that the prosecution of the suspects is an abuse of power, as there is no substantial evidence of wrongdoing or criminal intent. They argue that the proceedings violate the principles of natural justice, including the presumption of innocence and the right to a fair hearing.
In response, the prosecution contends that the case warrants further scrutiny and that the suspects should be held accountable for any criminal actions that contributed to Wambui’s death.
They emphasize the seriousness of the allegations and the need for transparency and justice for the victim’s family.
