Ex- government pathologist Njue charged with stealing heart, denies charges

Former government pathologist Moses Njue Gachoki in the dock at Milimani Law Court. [George Njunge/Standard]

Former government pathologist accused of stealing organs from corpses was on Monday charged in a Meru court.

Dr Moses Njue, who served as the chief government pathologist denied three charges when he appeared before Meru Chief Magistrate Lucy Ambasi.

The prosecution led by state counsel Claire Murithi accused Dr Njue of stealing the heart of former administration police officer Benedict Karau.

The court heard that on March 12, 2015 while at the Consolata hospital in Imenti South Sub County, during a Postmortem exercise on the body of Karau, the doctor stole the heart that came to his possession by the virtue of his profession as the chief pathologist.

On the second count, the doctor was charged with destroying evidence. The prosecution said between March 12, 2015 and September 18 in the same year while at the Meru funeral home in Imenti North Sub County, Dr Njue destroyed the heart of Mr Karau after stealing it knowing that it might be required as evidence in judicial proceedings.

The pathologist who is currently the Chief Executive Officer at the Embu Level five hospital also faced a charge for illegal removing of parts of a body contrary to section 13 of Anatomy Act.

The court was told that on March 12, 2015 the doctor who was the pathology in charge of the postmortem, removed the heart of the deceased before the body was received in an approved school of anatomy.

The charges comes barely a month after the pathologist was charged with a similar offence in a Nairobi court.

However, the court on Monday granted Dr Njue a bond of Sh2million with a surety of similar amount despite his lawyer pleading with the magistrate for a personal bond in pretext that the accused was a public servant.

Alternatively the court granted Njue a Sh500, 000 cash bail.

“We are applying to be supplied with statements, l also sought to have him released on a personal bond since he is the CEO at the Embu Level Five hospital. He is a public servant and therefore in the interest of justice we request the court to grant him a personal bond or if not that we pray for a reasonable cash bail,” said defence lawyer Victor Andande.

The lawyer also informed the court that the doctor was scheduled to testify at Maua court in Igembe South and pleaded with the magistrate not to order for him to be remanded in Prison before the processing of the bail to have him released.

Prosecutor Murithi did not oppose the doctor to be granted bond but asked the court to reject the application for a personal bond.

Murithi said despite Dr Njue being a public servant, the law had to be followed in regard to the nature of the alleged offence.

Calls by the defence to have the bail reviewed downward were also rejected, the magistrate set the case hearing dates to August 6.

The case will be mentioned on June 28.