By Guest Writer
FORMER Government Chief Pathologist Dr Moses Njue, now risks a second criminal case in connection with stealing body organs.
Justice Florence Muchemi has directed Dr Njue to appear before investigating officers at DCI head office for purposes of recording statements in relation to this case.
This comes after Dr Njue’s request for anticipatory bail was disposed of, and “he should comply with the order of the court by presenting himself to the investigating officer,” the judge so directed.
The court observed that the purpose of recording statement is to enable the director of Criminal Investigations, George Kinoti, make a decision whether to charge him or not.
Justice Muchemi said that failure to comply with the orders of the court, the anticipatory bail issued to him will be discharged accordingly.
Stealing body parts
Dr Njue and his son Mureithi have been charged with stealing body parts, their criminal case is pending before Milimani Chief Magistrate’s court.
Njue moved to Embu court after the director of Public Prosecution ordered for his arrest and be indicted for an offence of stealing body parts.
The DPP’s directive follows a report prepared by assistant director of public prosecution Catherine Mwaniki, saying that Dr Njue whose resigned from the government a few years ago, should be apprehended to face a criminal charge theft of body parts belonging to Benedict Karau how died mysteriously on March 2. 2015.The DPP has recommended Njue to be charged with three counts including theft contrary to section 275 of the penal code, wilful destruction of evidence and illegal removal of body parts contrary to Anatomy Act.
The DPP’s directive is further supported by the family of Karau through his son Charles Mwongela ( lawyer) who has directly made a complaint to Medical Practitioners and Dentist Board to carry out investigation to the matter.
A polygamous man
Statements filed at the DPP’s office state that Karau, a polygamous man, died in his house on the night on the fateful night. His youngest wife, Martha Gakou told the family that he choked while eating his supper and died.
But not contended with the explanation, other family members asked for a post mortem to be conducted on the body to establish the cause of his death. The family was in agreement but Ms Gakou said he would sent a private doctor to watch her brief. She hired Dr Njue and the autopsy was performed at Consolata Mission Hospital in Nkubu on March 12, 2015.
A report presented to the family showed that the former administrator had died of heart attack but the family was shocked to learn that the body had been embalmed the night it was taken to the mortuary. The body also had bruises and injuries on the head and hands.
The family accepted the findings and buried Karau the following day at his second’s wife home in Ankamia location, Meru County.
Vital parts were missing
Mwongela, who is a lawyer, said he was not satisfied because there were rumours that there was commotion in the home the night his father died. He said that he was also not satisfied by a toxicology report which indicated that the 70-year-old man had taken alcohol yet he was a teetotaler.
The lawyer sought assistance from a fellow advocate, who is also a medical doctor- Prof Wangai Kiama. The family later filed a case seeking exhumation of the body and conduct fresh investigations. The exhumation was done on August 10, 2015 and a team comprising of Chief Government Pathologist Dr Johansen Oduor, Dr Sylvester Maingi, Prof Kiama, Dr Scholastica Kimani and Dr Njue did the examination. The latter two were involved in the first autopsy.
The team was shocked to discover that the heart, one kidney and other vital parts were missing. According to Dr Oduor, the injuries on the upper part of the hand were defensive, were most likely inflicted as he defended himself.