A former chief government pathologist accused of stealing the heart of a deceased person, has moved to the High Court challenging his prosecution.
Moses Njue filed an application under a certificate of urgency seeking to stop the Director of Public Prosecutions (DPP) from proceeding with a criminal case against him. He pleaded not guilty to the charges last week.
Njue is charged alongside his son and assistant pathologist Anasha Mureithi Njue with stealing the heart of Timothy Mwandi Muumbo at Lee Funeral Home while performing an autopsy on June 25, 2015.
The doctor says their trial has no foundational evidence adding that it is ill-founded and violates his constitutional rights as enshrined in the Constitution.
He also claims that the trial amounts to double prosecution as there exists a similar matter pending in another court.
“I should not be subjected to illegal proceedings whose intention by some of the interested parties is to vex me and trample on my rights with impunity,” he said.
The two petitioners have sued the DPP, Inspector General of Police and the Director of Criminal Investigations.
The pathologist further claims that Muumbo’s relatives have filed a petition before the High Court seeking to compel him to release the body part.
Mureithi has not taken plea to the charges as he was not present in court last week. He was, however, summoned to appear in court on July 3. Njue is out on a Sh300,000 cash bail.