- Lawyer Charles Mwongela had sued Njue on claims that the suspect had stolen his father’s heart.
- Mwongela regretted that the suspect died a 'criminal' as the proceedings before court were yet to be determined.
The Meru magistrate’s court has closed a case involving the deceased Embu Level 5 Hospital CEO Moses Njue, whose case was pending in court on suspicion of stealing a heart.
Chief magistrate Dominica Nyambu closed the matter after Njue’s lawyer brought the attention of the court that the suspect had died.
Lawyer Charles Mwongela had sued Njue on claims that the suspect had stolen his father’s heart.
Mwongela regretted that the suspect died a 'criminal' as the proceedings before court were yet to be determined.
"There is a need to correct the impression that the criminal has died a clean vindicated person. Basically, I would just be content with the effect that he died with the matter still pending. And owing to his death, the file has been closed,” he said.
Mwongela noted that he will be writing a book in due course to cover Njue’s saga and for the benefit of others and for posterity.
On this case, The court was told that Former Chief Government pathologist on March 12, 2015, at Consolata Hospital in Imenti South, Meru, during a postmortem exercise of deceased person Benedict Karau M’Nchamaru, Njue stole the heart that came to his possession by virtue of him being in its possession as a pathologist.
Njue had denied the three charges facing him; including stealing, removing and destroying a body part of a deceased person.
He was then released on Sh500,000 cash bail by then Meru chief magistrate Lucy Ambasi.
In May, Njue denied allegations of stealing the heart of Timothy Mwandi Muumbo at Lee Funeral Home while performing an autopsy on June 25, 2015.
He denied accusations that he removed the body part of deceased person Contrary to Section 13 of Anatomy Act CAP 249 Laws of Kenya, before the body was received in an Approved School of Anatomy.
Njue died on November 8, and was buried on November 18, 2023.
Mwongela said it was an unfortunate thing the family concerned refused to bury till they are done with courts.
"The last time I heard of time, mortuary fees had passed Sh2,000,000," he said.