A Nairobi court has released a medical doctor and two co-accused clinic proprietors on bond after they were charged with the unlawful death of a woman following a cosmetic surgery procedure.
Senior Principal Magistrate Samson Temu of the Kibera Law Courts granted bond to Dr. Robert Maweu Mutula, George Wakaria Njoroge, and Lilian Edna Wanjiru Mwariri—directors of Omnicare Medical Limited, which operated under the name “Body By Design.”
Each accused person was granted a bond of Ksh1 million with one surety of the same amount. Alternatively, the court offered a cash bail option of Ksh500,000 each.
In his ruling, Magistrate Temu agreed with defense counsel Erick Mutua that the prosecution had not provided sufficient grounds to deny the accused their constitutional right to bond. “Bond can only be denied if the prosecution presents compelling reasons,” Temu emphasized.
Earlier on April 3, the magistrate had directed the probation department to conduct an impact assessment report from the family of the late Lucy Wambui Kamau. The report involved interviews with her widower, children, and close relatives to understand the emotional and psychological toll her death had taken on them.
According to the findings, the family expressed deep sorrow and emotional trauma over Wambui’s passing. However, they requested the court to make its decision based on the law.
Wambui died on October 16, 2024, following a liposuction 360/BBL cosmetic procedure performed at Body By Design. Dr. Mutula, along with Njoroge and Wanjiru, faces charges of unlawfully causing her death. All three have denied the charges.
Defense Argument For Bond Release
Senior Counsel Erick Mutua, a former Law Society of Kenya (LSK) president, took over Dr. Mutula’s defense from a previous team that included Danstan Omari, Shadrack Wambui, Cliff Ombeta, and Samson Nyaberi. Mutua pleaded with the court to grant bond, citing Dr. Mutula’s critical role in Kenya’s healthcare system.
He told the court that Dr. Mutula serves as a surgeon with the Department of Defence (DoD), where he treats Kenya Defence Forces (KDF) personnel injured during military operations and training. Mutua also noted that the doctor chairs St. John Ambulance Kenya, which offers life-saving emergency medical services across the country.
“Detaining him would disrupt essential public health services and compromise national security support functions,” Mutua said. He further argued that Dr. Mutula’s detention violates his rights and negatively impacts both the state and citizens who depend on his services.
Mutua also raised concerns about double jeopardy, noting that both the Kenya Medical Practitioners and Dentists Council (KMPDC) and the Director of Public Prosecutions (DPP) had initiated proceedings against the doctor based on the same incident. He maintained that KMPDC was the proper regulatory body to handle such medical matters.
Additionally, Mutua told the court that the late Wambui had been fully briefed on the risks of the procedure and had signed consent forms prior to undergoing surgery.
After reviewing the submissions and the pre-bail report, Magistrate Temu ruled that the circumstances favored releasing the accused on bond. He directed that the case be mentioned on April 28, 2025, for pre-trial directions.
“The pre-bail report supports the accused persons, and they have given assurances to attend court throughout the trial process,” Temu ruled.
Meanwhile, the defense revealed that Body By Design, the Level 3B facility where the surgery occurred, has since closed its doors. The clinic, based on Kabasiran Avenue in Nairobi, was fully registered with the Medical Practitioners and Dentists Board before the incident.
