The Director of Public Prosecutions has approved manslaughter charges against four suspects linked to the death of Lucy Wambui, a patient who passed away following a procedure at Omnicare Medical Limited, also known as Body by Design.
The suspects, identified as surgeon Robert Maweu Mutula, George Wakaria Njoroge, clinic proprietor Lilian Edna Wanjiru, and the Body by Design hospital itself, are scheduled to take their plea on Wednesday, April 2, 2025, at the Kibera Law Courts in Nairobi.
The DPP announced the charges on Tuesday stating that the suspects failed to appear in court as initially scheduled on the same day, leading Senior Principal Magistrate Samson Temu to reschedule the hearing.
The magistrate directed the suspects to be present in court by 9:00 am on Wednesday with the prosecution is being led by Maryanne Mwangi and Samson Ngetich.
Lucy Wambui, the wife of businessman Francis Ng’ang’a, passed away on October 6, 2024, four days after undergoing a procedure at Body by Design after her health deteriorated rapidly after the surgery.
She was rushed to Nairobi Hospital, where emergency surgery was performed to repair damage and clean the affected abdominal area. Despite these efforts, she succumbed to her condition while in the Intensive Care Unit.
The case has sparked widespread public outrage, drawing attention to the risks associated with cosmetic surgeries in Kenya. The Kenya Medical Practitioners and Dentists Council (KMPDC) took swift action, closing Body by Design in November 2024 pending investigations into its operations.
On November 2, 2024, Omnicare Medical challenged the closure order in court, arguing that the KMPDC’s decision was unconstitutional and denying responsibility for Lucy’s death. The clinic issued a statement confirming that Lucy had undergone a procedure at their facility and was discharged, but her death occurred under “circumstances that are currently undetermined.”
This case highlights broader concerns about the regulation of cosmetic surgery clinics in Kenya, where demand for such procedures has risen in recent years. As the legal proceedings unfold, the case is likely to intensify calls for stricter regulations in Kenya’s cosmetic surgery industry, with many watching closely to see if justice will be served for her and other alleged victims of medical negligence.
The death of Lucy Wambui and the subsequent legal action against Body by Design come at a time when Kenya’s healthcare system is grappling with challenges related to regulation and accountability. Cosmetic surgery, while increasingly popular, remains a largely unregulated sector in many parts of the world, including Kenya.
The KMPDC’s role in licensing practitioners and facilities is critical, but the closure of Body by Design and the clinic’s legal challenge reveal tensions between regulatory bodies and private healthcare providers.
The ODPP’s decision to pursue manslaughter charges rather than lesser offences like medical negligence signals a potential shift toward harsher penalties for healthcare providers in cases of patient death, which could set a precedent for future cases.
This case may catalyse reforms in how cosmetic surgery clinics are monitored and held accountable in Kenya, while also raising questions about patient safety and informed consent in the industry.