Body by design directors to face manslaughter charges over botched surgery death

Lucy Wambui died a few days after she reportedly underwent surgery at Nairobi's Body by Design Hospital. [Courtesy] A Kibera court has summoned the two directors of Omnicare Medical, also known as Body by Design, a plastic and cosmetic surgery clinic to appear in person on Wednesday to face manslaughter charges over the alleged botched surgery that led to the death of a social media influencer Lucy Wambui Kamau. Principal Magistrate Samson Temu issued the summons after the suspects George Wakaria Njoroge, Lilian Edna Wanjiru, and Robert Maweu Mutula, a surgeon at the clinic failed to appear for plea-taking on Tuesday. Their lawyers, Danstan Omari and Shadrack Wambui explained that the summons had been served late and requested that their clients be allowed to appear on April 2, 2024. Omari also informed the court that the suspects had secured anticipatory bail from the High Court to prevent their arrest. The prosecution stated that all suspects had been properly served and urged the court to issue warrants for their arrest. However, the DPP argued that the High Court had not halted the proceedings and that there was no need to wait for its directions. The magistrate directed that the suspects appear before him at 9 a.m. on plea. The trio is expected to face charges after the Director of Public Prosecutions (DPP) approved the prosecution following the completion of investigations by the DCI. The suspects are accused of causing the death of Wambui, who underwent a liposuction 360/BBL procedure on October 14, 2024, at Omnicare Medical. Wambui died days later from complications related to the surgery. She was discharged from the clinic on October 18. She felt unwell while at home and returned to the facility but was referred to Nairobi Hospital where she underwent an emergency surgery on October 23, during which surgeons discovered multiple perforations in her intestines. Wambui died on October 26, 2024, with postmortem showing the 47-year-old died from extensive internal complications following her 360-degree liposuction procedure on October 16, 2024 at Omnicare Medical. Liposuction involves the removal of excess fat from the body. Wambui was the wife of prominent Nairobi businessman Francis Ng'ang'a, CEO of Valley Road Motors and Village Market Auto Bazaar. Following investigations, the DPP decided to press criminal charges against the suspects, but the suspects have filed an urgent application in the High Court seeking to stop the prosecution. In their petition, Njoroge, Wanjiru, and Dr. Mutula argue that their prosecution is illegal, and that Wambui had voluntarily sought the liposuction procedure after being informed of its risks and complications. "Prior to the procedure, the deceased was duly informed of the nature, risks, and possible complications, and provided informed consent duly signed on even date, in accordance with medical ethics and professional standards," Njoroge one of the directors of the clinic states. They claim that the procedure was successful, and she had not expressed any post-surgery complications before her discharge. Upon discharge, the Petitioners state in their court paper that they later learned through media reports that the deceased passed away at a different medical facility while receiving further treatment on October 26, 2024. " The patient (deceased) did not at any stage upon discharge, express any after-surgery complication or seeks review treatment at the clinic's facility, where the liposuction was conducted," the court papers state. "Despite the diligence exercised by the medical team of the Clinic, the DPP on March 25, 2025 made the decision to charge the Petitioners jointly for the offense of Manslaughter contrary to Section 202 as read with Section 2025 of the Penal Code, imputing criminal liability for a medical outcome that was neither the result of negligence nor recklessness." They further argue that the decision to charge them is arbitrary and an abuse of power, and they have called for an independent review of the case in accordance with the principles of natural justice. According to them, 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. "The DPP and DCI have undermined the presumption of innocence principle under article 50(2) by subjecting the Petitioners to unwarranted criminal proceedings," says Lawyer Wambui Omari, the defense lawyer, warned that prosecuting medical professionals for lawful practices could set a dangerous precedent that might undermine the healthcare sector. "Prosecution of the Petitioners may be a dangerous precedent, criminalizing medical professionals for lawful medical practice, which undermines the healthcare sector and discourages medical interventions," Omari says.

Body by design directors to face manslaughter charges over botched surgery death

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