A morgue needs to be excluded from a case through which a household of a senior police officer has accused a former Chief Authorities Pathologist of stealing the useless man’s coronary heart.
The Lee Funeral House has requested the court docket to drop it from the case involving theft of physique elements that pits the household of the late Nairobi Provincial Police Chief Timothy Mwandi Muumbo in opposition to Mr Moses Njue.
By means of lawyer Herman Omiti, the funeral house signifies no allegations have been made in opposition to it by the household of the deceased, whose coronary heart was allegedly extracted and went lacking on the morgue throughout an post-mortem in June 2015.
When the case got here up for listening to on Wednesday earlier than Justice James Makau, the lawyer informed court docket that after perusing the petition he realised nothing requires his shopper’s participation.
In searching for court docket’s permission to go away the court docket dispute, the lawyer nonetheless mentioned a few of the orders sought by the household will probably be directed to his shopper if granted.
“They need to depart with the court docket permission in order that no order will probably be made in opposition to them,” mentioned Mr Omiti including that within the various all the petition must be struck out.
The household by means of lawyer Mary Muigai mentioned the morgue was dragged within the case as a result of the deceased’s coronary heart received misplaced when the physique was of their custody.
Ms Muigai added that the funeral house had earlier sought to go away the case and Justice John Mativo had dominated that it was upon them to take part or not.
Within the court docket papers the household led by Jostone Kassim Muumbo needs the court docket to compel the pathologist and the morgue to launch the misplaced physique half.
One witness, Carolyn Muumbo, a daughter of the deceased, testified that there was collusion to hide the reality about her father’s reason for dying.
Ms Muumbo, who can be an advocate, informed the court docket his father, 83, collapsed and died on June 22, 2015, at his house in Kileleshwa.
The physique was taken to Lee Funeral House for preservation.
Two days later, a autopsy was carried out as Ms Muumbo and her siblings, Mr Jonston Kassim
Muumbo and Mr Alex Munyasya sought to know the reason for their father’s dying.
They’d been informed that he had died of a coronary heart assault. The household requested Dr Njue to hold out the autopsy with the settlement he would give them the ends in two weeks.
Dr Njue failed to satisfy the deadline and so they served him with a requirement letter. The three later learnt that the report Dr Njue submitted was much like one other one filed by the police and one other ready by a health care provider employed by the household.
The three opted for a second autopsy, this time by Prof Emily Rogena. She didn’t conduct it after it was found that important organs, together with the guts, had been lacking.
This prompted the household to hunt court docket’s redress with orders compelling the pathologist to provide the organs. A press release filed in court docket mentioned Dr Njue informed the household that the kidney and elements of the abdomen had been taken to the police and that he couldn’t account for the guts.
Dr Njue and his son, Mr Lemuel Anasha Mureithi, had been later charged at a Justice of the Peace court docket with stealing Muumbo’s coronary heart. They had been launched on a money bail of Sh300,000 every.
The listening to aborted on Wednesday after the household’s witness, a health care provider, left the digital court docket session. The case was adjourned to June 23, 2021.