Former government pathologist Moses Njue Gachoki has been charged with three counts of offences among them stealing the heard of a deceased.
Gachoki is charged alongside his son Lemuel Anasha Mureithi Njue with stealing the heart of one Timothy Mwandi Muumbo during a postmortem exercise on his body, which came to their possession by virtue of their employment as pathologist and assistant to the pathologist respectively.
However his son failed to appear before court to plead to the charges.
The two are alleged to have committed the offence on 25th June 2015 at Lee Funeral home within Nairobi county.
The accused persons further faced a charge of destroying evidence between 25th June and 21st September 2015 at Lee Funeral home.
The court heard that the accused jointly destroyed the heart of the deceased (Muumbo) after stealing it, knowing that it might be required as evidence in a judicial proceeding.
Lastly, the two faced the charge of illegal removal of body parts contrary to section 13 (a) of the Anatomy Act.
They were charged with removing the heard from a dead body before the body was received in to an approved school of anatomy.
Gachoki denied the charges before Chief Magistrate Francis Andayi who issued summons to young Njue to appear in court to answer to the charges.
The court has heard that the high court is yet to determine a petition lodged against the doctor and four others over the missing body parts.
Among the orders sought is to compel the pathologist to return the missing heart to the family of the deceased.
Gachoki was granted a bond of Sh 1 million and 1 surety of the same amount or alternative cash bail of Sh 300,000.
The case will be mentioned on 28th May and will be heard on 3rd July 2018