The directors of Body by Design have moved to court challenging their intended prosecution over the death of Lucy Wambui at their facility during a botched operation.
George Njoroge and Lilian Wanjiru, along with Dr Robert Mutula, were scheduled to take a plea for manslaughter.
Through their lawyer, Danstan Omari, the two want the high court to stop their prosecution arguing that it is an abuse of the court process.
It is their argument that the decision to charge them is arbitrary, unfair, and lacks procedural fairness, violating Article 47 of the Constitution, which guarantees the right to expeditious, efficient, lawful, reasonable, and procedurally fair administrative action.
“The DPP has failed to conduct a proper assessment of the case in line with established prosecutorial guidelines, thereby rendering the decision to prosecute irrational, disproportionate, and an abuse of power,” reads court documents
They further claim that the Director of Public Prosecutions (DPP) lacks a factual and legal basis for prosecuting them, making the charges an abuse of process.
“Unless this Honourable Court intervenes urgently to stop the intended malicious prosecution, the Petitioners/Applicants are likely to suffer grave constitutional infringements on their rights and fundamental freedoms, which could impact the dispensation of medical services,” they argue.
They contend that the deceased patient did not, at any stage after discharge, report any post-surgical complications or seek a review at the facility where the liposuction was performed.
They argue that despite the diligence exercised by their medical team, the DPP on March 25, 2025, decided to charge the Petitioners jointly with the offence of manslaughter.
