, NAIROBI, Kenya, May 21 – Former Chief Government Pathologist Dr Moses Njue is now seeking to stop his prosecution over among other charges include stealing a heart.
Njue, who is currently the CEO of Embu Level Five Hospital wants the criminal trial against him and his son, Lemuel Mureithi suspended pending determination of a constitutional petition in which the family has sued the pathologist is resolved.
Among the orders sought by the complainants in the petition is to compel Dr Njue to return the missing heart to the family of Timothy Mwandi Muumbo.
Dr Njue has since denied charges of stealing body parts and destroying evidence.
He allegedly committed the offense alongside his son between June 25 and September 21, 2015.
Dr Njue wants the criminal trial stopped arguing it will be financially and psychologically straining for him to have the two matters run concurrently.
He has faulted the police and the DCI for commencing his prosecution two years after recording statements with the police.
To this end, Dr Njue claims the move is meant to embarrass, humiliate and coerce him.
Further, the aggrieved doctor alleges that police and the DCI are shielding various people who he recorded statements over the issue from prosecution.
“The proceedings form selective prosecution and investigation on the part of the respondents,” he states.
Through Mugo and Kamau Advocates, Dr Njue says to proceed with the case which has no fundamental evidence and is ill founded violates his constitutional rights.