Ex-pathologist Njue gets reprieve in body parts theft case

Dr Moses Njue speaks during an interview at his Nyeri office on February 18, 2015. He is accused of stealing body parts while working as chief government pathologist. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

What you need to know:

  • A report by the assistant Director of Public Prosecution recommended that Dr Njue be charged with three counts.
  • Lawyer Andande said that Dr Njue’s constitutional rights are likely to be infringed by the impending arrest.

Police have been blocked from arresting former chief government pathologist Moses Njue in connection to allegations of stealing body organs.

The High Court in Kerugoya granted Dr Njue an anticipatory bond of Sh200,000 pending hearing and determination of an application to stop the possible prosecution.

Mr Njue is also the chief executive officer of Embu Level Five hospital.

Through lawyer Victor Andande, the pathologist told the court that he was receiving calls claiming police are looking for him, following media reports on the matter.

“He has been unable to continue with his routine duties as the Embu hospital CEO. He is willing to cooperate with the necessary agencies like the Directorate of Criminal Investigations for interrogation,” Mr Andande told the court, adding that Dr Njue is also pursuing the case with the Kenya Medical Practitioners and Dentists Board.

CHARGES
A report by the assistant Director of Public Prosecutions, C M Mwaniki, recommended that Dr Njue be charged with three counts, including theft, wilful destruction of evidence and illegal removal of body parts.

The judge ordered that the application be heard at the High Court in Embu within 21 days.

In his notice of motion, the lawyer indicated that the allegations relate to a post-mortem performed by Dr Njue together with another doctor on a body in Meru in 2015.

“The applicant has learnt that there are allegations that he unlawfully took some internal organs from the said body despite there being no basis of the said allegations.

"He has learnt that the Director of Public Prosecutions that he be arrested and charged for various offences,” the lawyer said.

He said that Dr Njue’s constitutional rights are likely to be infringed by the impending arrest.

Justice Gitari, while certifying the application urgent, directed the lawyer to serve the Inspector General of Police, Director of Criminal Investigations and Director of Public Prosecutions with copies of the application.