Former Chief Government Pathologist Moses Njue who is prosecuted for allegedly stealing body parts has gone to the High Court petitioning to stop the criminal trial at the magistrate court.
Njue, alongside his son Lemuel Anasha Mureithi Njue, they are accusing the Office of the Director of Public Prosecutions (DPP) of not exercising its mandate appropriately in recommending them to be charged.
"The proceedings form selective prosecution and investigation on the part of the sued parties," their lawyer Anne Mugo Kamau said.
Their claims are that there are individuals who recorded statements with the police simply because they are being shielded from prosecution while at the same time embarrassing and humiliating them.They have sued the DPP, the Inspector General of police, the Director of Criminal Investigations and the magistrate court at Milimani.
Dr Njue - who is the Embu Level Five Hospital chief executive officer, has since denied charges of stealing body parts, destroying evidence and illegal removal of body parts.
They are accused of committing the offense between June 25 and September 21, 2015 at the Lee Funeral Home.