Former Chief Government Pathologist accused of Stealing a heart of a deceased person during a postmortem has moved to the High Court to challenge his Prosecution.
Under a certificate of urgency, Moses Njue wants the court to stop the Director of Public Prosecutions (DPP) and police from proceeding with the criminal case against him and his son.
The pathologist was charged last week alongside his son Lemuel Anasha Mureithi Njue, an assistant pathologist with stealing the heart of one Timothy Mwandi Muumbo during a postmortem at Lee funeral home on 25th June 2015.
The two are further accused of destroying the heart to conceal evidence, knowing that the autopsy report would be used as evidence in another case before court.
They are also accused of illegal removal of body parts before the body was received in to an approved school of anatomy.
Njue pleaded not guilty to the charges and was granted a cash bail of Sh 300,00. However, Mureithi is yet to pleaded to the charges as he was not present in court last week there being issued summons to appear in court on 3rd July .
The application, Njue and his son claim that their prosecution is malicious and meant to bring pressure upon them and frustrate a civil matter pending in court.
“The prosecution is ill-founded and violates my constitutional rights as enshrined in the Constitution,” argues Njue.
In addition, the two doctors claim that their trial amounts to double prosecution as there is another similar matter pending in another court.
Njue avers that Muumbo’s relatives have filed a petition before the High Court, seeking to compel him to release the body part.
“I should not be subjected to illegal proceedings whose intention of some of the interested parties is to vex me and trample on my rights with impunity,” said Njue.