Ex-pathologist Njue moves to high court to stop criminal case
Former government pathologist Moses Njue at the Nyeri Law Courts on May 16, 2018. He is charged with stealing body parts. PHOTO | NICHOLAS KOMU | NATION MEDIA GROUP
What you need to know:
- Njue is accusing the Office of the Director of Public Prosecutions of not exercising its mandate appropriately.
- The doctor who resigned from the government a few years ago to work at his own medical school, alleged their trial is ill-founded and violates their constitutional rights.
- The DPP had recommended that Dr Njue be charged with theft of body parts belonging to Benedict Karau who died mysteriously on March 2, 2015.
Former Chief Government Pathologist Moses Njue accused of stealing body parts has moved to the High Court seeking to stop his trial at the magistrate court.
Dr Njue and his son Lemuel Anasha Mureithi are accusing the Director of Public Prosecutions (DPP) of not exercising its mandate appropriately.
“The proceedings form selective prosecution and probe on the part of the sued parties,” their lawyer Anne Mugo Kamau said.
They have sued the DPP, the Inspector General of Police, the Director of Criminal Investigations and the magistrate’s court at Milimani.
DENIED CHARGES
Dr Njue, who is the Embu Level Five Hospital chief executive officer, has denied charges of stealing body parts and destroying evidence. He was released on a cash bail of Sh300,000 while his son, is yet to plead to the charges.
Chief Magistrate Francis Andayi summoned him to appear in court and answer to the charges before the hearing date on July 3.
They are accused of stealing the heart of Timothy Mwandi Muumbo while performing an autopsy on June 25, 2015 at the Lee Funeral Home.
“The petitioners are not seeking the veracity of the facts or evidence proving or disapproving them but the decision taken to charge them while excluding other possible suspects,” said Ms Kamau.
They claim in the court papers that their trial amounts to double prosecution as there exists a similar matter.
CONCEAL EVIDENCE
At the magistrate’s court, the two are accused of destroying the heart to conceal evidence, knowing that the autopsy report would be used as evidence in a case pending in court.
They face a third count of illegally removing the heart.
The doctor who resigned from the government a few years ago to work at his own medical school, alleged their trial is ill-founded and violates their constitutional rights.
AUTOPSY
Another family in Meru also complained that they buried their relative minus the heart after Dr Njue performed an autopsy to establish the cause of his death.
The DPP had recommended that Dr Njue be charged with theft of body parts belonging to Benedict Karau who died mysteriously on March 2, 2015.
Dr Njue is yet to be charged with three counts including theft, wilful destruction of evidence and illegal removal of body parts.
