Four individuals, including two proprietors of the ‘Body by Design’ clinic and a surgeon, have been charged in connection with the death of a social media influencer following an alleged botched surgery.
The accused—Robert Maweu Mutula, George Wakaria Njoroge, Lilian Edna Wanjiru Mwariri, and Omnicare Medical Limited (trading as ‘Body by Design’)—appeared before Kibera Principal Magistrate Samson Temu, where they denied the charges.
Maweu, a surgeon, along with Wakaria and Edna, proprietors of ‘Body by Design,’ and the clinic itself, are accused of unlawfully causing the death of Lucy Wambui Kamau on October 16, 2024, at Omnicare Medical Ltd, located on Kabarsiran Avenue in Nairobi
Following their arraignment, the state opposed their application for bond.
Prosecutor Victor Owiti informed the court that the accused have significant influence and could intimidate witnesses, some of <span;>whom are their employees. He further stated that they had previously evaded court summons and appeared to have intentionally avoided being served.
“The accused persons’ conduct necessitates strict bond terms to ensure they do not interfere with investigations or witnesses,” Owiti said, urging the court to deny them bail.
Defense lawyers Danstan Omari, Sam Nyaberi, Cliff Ombetta and Shadrack Wambui, representing the accused, requested that their clients be granted reasonable bond terms, emphasizing their cooperation with investigators since Wambui’s death in October 2024. They also argued that the accused had complied with all legal processes during the investigation.
In his ruling, Magistrate Temu ordered the accused to remain in custody pending a <span;>ruling on their bail application, which is set to be delivered on April 3.
The accused are charged with causing the death of Wambui, who underwent a 360-degree liposuction procedure at Omnicare Medical.
She was discharged from the clinic on October 18 but later felt unwell and sought further treatment at Nairobi Hospital.
After undergoing emergency surgery on October 23, doctors discovered multiple perforations in her intestines.
Wambui passed away on October 26, 2024, due to extensive internal complications caused by the liposuction. A postmortem examination confirmed that her death resulted from severe internal injuries linked to the procedure.
She was the wife of prominent Nairobi businessman Francis Ng’ang’a, CEO of Valley Road Motors and Village Market Auto Bazaar.
Following investigations, the Office of the Director of Public Prosecutions (ODPP) decided to press criminal charges against the accused, citing evidence of negligence in Wambui’s treatment.
The prosecution proceeded despite an earlier petition by the accused to halt the case, which was rejected by High Court Judge Diana Kavedza.
Earlier in the day, the defense lawyers argued that Wambui had voluntarily undergone the 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 she provided informed consent, which was signed on the same day,” stated Njoroge, one of the clinic’s directors.
The clinic’s defense maintains that the procedure was successful and that Wambui did not report any complications after her discharge.
“At no point did the patient express any post-surgery issues or seek further treatment at our facility,” the defense stated in their court papers.
They further argued that the prosecution was arbitrary and an abuse of power, claiming that the decision to charge them with manslaughter was unjustified.
“The DPP has failed to properly assess the case in line with prosecutorial guidelines, and the decision to prosecute is irrational,” their lawyer said.
Defense attorney Danstan Omari cautioned that prosecuting medical professionals for lawful medical procedures could set a dangerous precedent.
“This prosecution could criminalize legitimate medical procedures and undermine the healthcare sector, discouraging medical interventions,” Omari warned.
