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Former Chief Government Pathologist Dr. Moses Njue and his son Lemuel Muriithi have been acquitted of charges of organ harvesting and theft over lack of sufficient evidence.
Milimani Chief Magistrate Wendy Kagendo determined that the prosecution failed to adduce enough evidence against the two, who were facing three counts of theft, willful destruction of evidence and illegal removal of organs from a dead body.
"I find that the prosecution has not proved a strong case against the accused persons. I acquit them under section 210 of the Criminal Procedure Code (CPC). I order their cash bail deposited in court be refunded," Kagendo ruled on Monday.
The two were accused of removing organs from the body of Timothy Mwandi Muumbo while performing a post-mortem examination at Lee Funeral Home on June 25th, 2015.
Muumbo, a former Nairobi Provincial Police Chief, collapsed and died at his home in Nairobi’s Kileleshwa estate on June 22nd, 2015. Two days later, an autopsy was conducted and the family was told that the deceased died of a heart attack.
The family later learned the report Njue had submitted was similar to one filed by the police and a second one prepared by a doctor hired by the family.
They then commissioned a second postmortem that was to be carried out by Prof. Emily Rogena, but the exercise did not go on after it was discovered that some vital organs, including the heart, were missing.
It was alleged that the missing organs were part of a scheme to conceal the actual cause of Muumbo’s death.
There is a pending case at the High Court where the family is seeking orders compelling the morgue, Dr. Njue and Dr. Peter Ndegwa to return the missing parts of Muumbo's body.
Dr. Njue is facing a separate case in which he is accused of stealing Benedict Karau's heart at Consolata Hospital in Meru in 2015 while performing a postmortem examination. Njue is charged with removing without permission and destroying Karau's heart.
These people do a very tough job that most of us aren’t capable of doing! There better be solid evidence of criminal acts before they are accused and hounded of to jail!