A former chief Government Pathologist and his son have been acquitted of charges related to organ harvesting and theft.
This is after chief magistrate Wendy Kagendo found that there was insufficient evidence to try former chief pathologist Dr Moses Gachoki Njue and his son Lemuel Muriithi.
"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," said Ms Kagendo.
The cash bail was Sh300,000 each.
The duo faced three counts of theft, willful destruction of evidence and illegal removal of organs from the body of Mr Timothy Mwandi Muumbo, a former Nairobi Provincial Police Chief, while performing an autopsy on June 25, 2015. The alleged extraction and theft of the body organ occurred at Lee Funeral Home .
However, the court said on Monday that the prosecution failed to adduce enough evidence of theft or removal of a heart from the dead man at a mortuary in 2015.
Mr Muumbo collapsed and died on June 22, 2015 at his home in Kileleshwa, Nairobi. The body was taken to Lee Funeral Home for preservation. Two days later, a post-mortem exam was conducted. The family was told that he had died of a heart attack.
They had asked Dr Njue to carry out the post-mortem with the agreement he would provide the results in two weeks.
Dr Njue missed the deadline and they served him with a demand letter. They later learnt that the report Dr Njue had submitted was similar to one filed by the police and another prepared by a doctor hired by the family.
The family ordered a second post-mortem, this time by Prof Emily Rogena. However, she did not conduct the exam because it was discovered that vital organs, including the heart, were missing. The shocking discovery of the alleged missing organ triggered a family dispute which also delayed burial of the former police boss .
It was alleged that the missing organs were meant to conceal the actual cause of death. There is a separate case ongoing at the High Court where some members of family are seeking orders compelling the morgue, Dr Njue and Dr Peter Ndegwa to return the missing parts of Mr Muumbo's body.
In the ruling delivered on Monday, the court said the prosecution failed to adduce enough evidence of theft or removal of a heart from the dead man during a post-mortem to find the cause of his death.
The magistrate added that the prosecution had not established a strong case against the accused to move the court to place them in their defence.
"It is sympathetic that a person who was hired to conduct a post-mortem on a dead person found himself in the dock on allegations of theft of body parts," the court said, adding that the evidence availed by the prosecution was also contradictory.
While analysing the evidence, the magistrate noted that there was a contradiction on the date in which the two pathologists were alleged to have secretly taken away the man’s heart while carrying out a post-mortem.
In her decision, Ms Kagendo condemned the action of the State in charging the former chief pathologist and his son without sufficient evidence of the offence.
Immediately after the magistrate pronounced that they have no case to answer, the accused persons broke into tears and saying they had suffered for no reason for the last seven years.
"I thank God that now I am free together with my son and that all allegations against us have been cleared. It has been disturbing since l served the government for many years without any allegation of misconduct...only to be charged at my retirement age," said Dr Njue.
He is facing a separate criminal case in Embu related to theft, willful destruction of evidence and illegal removal of organs from the body of Mr Benedict Karau during an autopsy at a mortuary in Meru in March 2015.
Hearing is scheduled to continue on November 17, 2022.
