Former chief government pathologist Moses Njue, who is facing prosecution over theft of body parts, has now moved to the High Court seeking to stop the criminal trial at the magistrate’s court.
Dr Njue, together with his son Lemuel Anasha Mureithi, are accusing the Office of the Director of Public Prosecutions (DPP) of not exercising its mandate appropriately in recommending them to be charged. “The proceedings form selective prosecution and investigation on the part of the sued parties,” said their lawyer, Anne Mugo Kamau.
They claim that there are individuals who recorded statements with the police simply because they are being shielded from prosecution while at the same time embarrassing and humiliating them.
The two have sued the DPP, the Inspector General of Police, the Director of Criminal Investigations and the magistrate court in Milimani. Dr Njue has since denied charges.
They are accused of stealing the heart of Timothy Mwandi Muumbo while performing an autopsy on June 25, 2015, at the Lee Funeral Home.
“The petitioners are not seeking the veracity of the facts or evidence proving or disapproving them or their innocence or otherwise review or assessment of the evidence but the decision taken to charge him and his son while excluding other possible suspects,” said Ms Kamau.
“They are in direct need of the protection of the court, failure to which their constitutional rights shall continue to be violated by selective action of the sued parties.”
In the case documents, Dr Njue and his son claimed that their trial amounts to double prosecution because a similar matter is pending in court.
At the magistrate court, the two are accused of destroying the heart to conceal evidence knowing that the autopsy report would be used as evidence in a pending case. They face a third count of illegally removing the heart.
The doctor, who resigned from the government a few years ago to work at his own medical school, alleged their trial has no foundational evidence, is ill-founded and violates their constitutional rights.
Dr Njue was charged and released on a cash bail of Sh300,000 while his son is yet to plead to the charges.
Chief Magistrate Francis Andayi summoned Dr Mureithi to respond to the charges before the hearing date on July 3.