• The exhumed body was intact save for the missing heart and kidneys
• Former chief state pathologist did not have the deceased family's consent to take away the parts
Two pathologists told a Meru court hearing a case against former chief state pathologist Moses Njue that a heart and kidney were missing from an exhumed body.
Chief government pathologist Johansen Oduor and Nairobi pathologist Sylvester Maingi said they were shocked to find the heart and kidney of Benedict Karau missing after his remains were exhumed.
Njue has denied stealing, removing and destroying Karau's heart. He was arraigned before then Meru chief magistrate Lucy Ambasi on June 18, last year.
He was freed on Sh500,000 bail.
During the inquest into the death of Karau in June, the pathologist in charge of Meru Level 5 Hospital, Dr Scholastica Kimani, told magistrate Evans Mbicha that Njue disappeared with the organs.
Oduor said it was international practice that body samples taken out must be recorded.
The heart and kidney were not recorded and the test samples were taken to a government chemist for analysis.
"The initial autopsy had concluded that the cause of death was the death of heart muscle but I was unable to make that conclusion because I didn't find one. I am still waiting for the heart to conclude the procedure," Oduor said.
Maingi told the court that the body was exhumed for a second postmortem on August 10, 2015, after a High Court order. It was preserved at Meru Funeral Home until August 18, 2015, after the re-examination.
Bruised body
“The body was in the coffin, had slightly caved in but was largely intact. The glass cover had collapsed probably due to soil pressure exerted. I, Oduor, Njue and Kimani were all present for re-examination to know the actual cause of death.”
He added, “Both lungs were present and decomposing, part of the liver, intestines, brain was liquefied but I didn’t find the heart and both kidneys. Based on the body parts missing, we could not make a conclusion to the cause of death."
He said there were injuries and bruises on the face, head, skull and arms.
When prosecutor James Murage and family lawyer Prof Kiama Wangai asked if he asked for the missing parts, he responded: “It was mentioned one of the pathologists took them. I heard Njue took them for histology/toxicology. There was a conversation in the room that he was going to return them.”
But Njue’s lawyer John Abwuor sought to know why they ruled out the first autopsy that the cause of death was heart attack given that the deceased was 70 years old.
Abwuor sought to know who signed the inventory during the exhumation and under whose custody was the body as per the court order. Maingi said the body was under the custody of Mikinduri OCS but not everyone present signed the inventory.
The defence asked how was his client involved "bearing in mind hospitals have incinerators to burn toxic and body remains". Maingi said body parts were supposed to be returned to the body by the pathologist or authorised mortician.
Had no consent
Kimani had said during the first autopsy done by Njue on March 12, 2015, at Nkubu Consolata Hospital mortuary that the organs were taken for further investigations to the government chemist.
“He took away the organs as well as stomach, blood and urine samples from the body of Benedict Karau to conduct further tests,” she testified.
Njue was required to ask for consent from the family to take away the organs, Kimani said.
The second post-mortem was conducted at Meru Funeral Home by Odour, Maingi, Njue, Kiama and herself. Family members were also present.
Njue was accompanied by eight interns during the first autopsy. Two police officers, the hospital mortician and the deceased's four relatives were present, Kimani said.
“The organs removed for tests during the first postmortem were not present. Njue sought time to avail them.” Kimani said. She represented Martha Gakou, the third widow who was with the deceased when he died.
Nkubu Consolata Hospital mortuary attendant John Mutegi recalled that on March 5, 2015, he washed Karau's body and preserved it till March 12, 2015.
“Njue said some body parts needed to be taken to the government chemist. I brought two tins which he labelled. I then saw Njue carrying a black paper to his car. I never knew what it contained,” Mutegi said.
Mary Karimi, another mortuary attendant at the funeral home, said the doctors who performed the second postmortem could not find the heart and kidney.
The hearing will resume on November 7.
Edited by R.Wamochie