The three suspects in the alleged manslaughter of Lucy Wambui Kamau will now remain in custody until April 15, 2025, following Court’s directions that a probation report has to be filed before the suspects bail and bond release application is determined.
The suspects, Edna Wanjiru, the proprietor of body by design clinic, Surgeon Robert Maweu Mutula and George Wakaria Njoroge appeared before Senior Principal Magistrate Samson Temu for their bail and bond release ruling, only for the magistrate to say that he need a probation report to enable him arrive at a reasonable decision.
Hon. Temu in ordering for the probation report, he said that bond or bail release is a constitutional right that can only be suspended and not taken away only when the state demonstrates compelling reasons to suspend the right.
“The justice system is yet to find a proper footing on the application of compelling reasons ground…” Said Magistrate Temu.
The court said it is duty bound to protect the constitutional rights on bail while taking into consideration of the victim impact to enable the process be seen to be fair and impartial.
It was the Court’s findings that both the prosecution and the defence were far apart which did not help the court to arrive at a fair decision for the interest of Justice.
Magistrate Temu said he was alive at the fact that a life was lost which guided his decision to enable the victims who are the husband and children of the deceased to come to terms that the case is a fair judicial process that must be allowed to flow naturally without reading a mischief.
“I therefore order the probation officer to prepare a prebail report which will accommodate both the victims side and the suspects side to guide the court on the way forward before bond terms are granted.” Concluded the magistrate.
The suspects will remain in police custody until April 15, 2025.
Lucy is believed to have died on October 6, 2024, allegedly after undergoing surgery at the Body by design clinic.
The Clinic’s officials have since been charged with manslaughter of the deceased after the DPP approved the charges.
