Botched surgery: Clinic owners, surgeon charged with manslaughter

A plastic and cosmetic surgery clinic officials were yesterday charged before the Kibera Court over an alleged botched surgery that led to the death of businesswoman Lucy Wambui Kamau.

Those charged were two directors and a surgeon of Omnicare Medical, also known as Body by Design.

The accused, clinic owners George Wakaria Njoroge, Lilian Edna Wanjiru, and Robert Maweu Mutula, a surgeon, appeared before Principal Magistrate Samson Temu and pleaded not guilty to the manslaughter charge filed by the Office of the Director of Public Prosecutions (ODPP).

The charges state that on October 16, 2024, at Omnicare Medical Limited, located on Kabarsiran Avenue in Nairobi, the three unlawfully caused the death of Wambui.

Their application for bond was opposed by the DPP.

Through State Counsel Victor Owiti, the prosecution told the court that the three accused have had significant influence and could intimidate witnesses, some of whom are employees of the clinic.

He argued that the accused had previously evaded summons to appear in court and suggested that they had intentionally avoided being served.

"The accused persons’ conduct requires strict bond terms to ensure they do not interfere with the investigation and witnesses," said Owiti, urging the court to deny them bail.

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Chief Inspector Peter Kamau, who swore an affidavit supporting the prosecution's application to deny bail argued that granting bail to the accused posed a risk to public safety, stating that there is a likelihood of endangering other lives in similar circumstances.

Kamau also cited the seriousness of the offense emphasizing that manslaughter carries a potential life sentence, arguing that the severity of the charge alone justified denying bail.“While we acknowledge that even murder is bailable, this does not diminish the gravity of the offense of manslaughter,” the prosecution stated.

Defense lawyers Danstan Omari, Cliff Ombeta, Sam Nyaberi, 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.

Omari stated that the accused had even secured anticipatory bail from the High Court prior to their arraignment.Further, he argued that the High Court’s previous grant of anticipatory bail demonstrated their clients willingness to face trial.

In his ruling, Magistrate Temu ordered the three accused to remain in custody pending a ruling on their bail application which is set to be delivered today at 2 pm.

The trio is accused of causing the death of Wambui, a 47-year-old businesswoman and wife to Francis Ng’ang’a, the CEO of Valley Road Motors, who underwent a 360-degree liposuction procedure at Omnicare Medical on October 14, 2024.

The procedure involves the removal of excess fat. She was discharged four days later but soon experienced complications. She returned to the clinic, where she was referred to Nairobi Hospital.On October 23, 2024, she underwent emergency surgery at Nairobi Hospital, where doctors discovered multiple intestinal perforations. Wambui succumbed to extensive internal complications on October 26, 2024.

A post-mortem report confirmed that her death resulted from complications related to the cosmetic surgery performed at Omnicare Medical.

Following investigations, the Director of Public Prosecutions (DPP) approved criminal charges against the accused, arguing that negligence on their part led to Wambui’s death.

The prosecution of the three clinic owners and the surgeon came shortly after High Court Judge Diana Kavedza rejected their petition to halt the proceedings.

Justice Kavedza declined to block their prosecution, noting that the accused would not suffer any harm.

Earlier in the day, the defense lawyers had put up a spirited fight to block the prosecution of their clients claiming that Wambui voluntarily sought the liposuction procedure after being informed of its risks and complications.

However, the accused maintains that the surgery was successful and that Wambui did not report any issues before her discharge.They claim that her complications arose after she left their care and argue that the prosecution is unfairly targeting them.

The accused had filed a petition in the High Court seeking to stop the prosecution, arguing that the decision to charge them was unlawful and an abuse of power.Their petition stated that the DPP had failed to properly assess the case based on medical and legal standards.They also argued that their prosecution could have far-reaching consequences on the medical sector, discouraging medical professionals from performing life-enhancing procedures due to fear of criminal liability.