State Opposes Bail for Seven Accused in Dr Victoria Mutiso Murder

The prosecution opposed bail for seven people charged with murdering psychiatrist Dr Victoria Mutiso, arguing that their release could jeopardise witnesses, as the case was heard before Milimani High Court Judge Alexander Muteti on Tuesday, October 6.

The accused include politician Rose Mbithe Mulwa (also known as Rose Mbithe Ndetei), her children Chris Mulwa and Angela Mulwa, police constable Elijah Kibelion Kimoi, Maritim Kimutai (alias Kim), police constable Collins Bett Kiplangat and Pius Muiru Mbugua (alias Headboy); all entered not-guilty pleas after their cases were consolidated into a single trial.

State counsel Jalson Makori told the court that some witnesses are known to the accused while others are under the protection of the Witness Protection Agency, and that releasing the suspects could enable intimidation, evidence tampering or communication with ongoing investigations, citing an affidavit filed by homicide investigations officer Corporal Romana Odour.

The prosecution alleges the murder stemmed from a long-running dispute over a 20-acre property in Mlolongo involving Dr Mutiso, her husband David Ndetei and the first three accused, and says electronic and telecommunications evidence links the accused to planning and surveillance activities preceding the killing.

Defence advocate Mbaluka argued that the presumption of innocence requires hard evidence, described the State’s affidavit as driven by malice and a family vendetta, and said the accused pose no risk of witness interference, noting Rose Mulwa’s frail health, her residence in Karen and the willingness of the accused to comply with conditions such as passport surrender.

The defence also raised allegations of torture and mistreatment in custody and noted that lawyers Danstan Omari and Cliff Ombeta withdrew from representing Rose Mulwa and her children after disagreements over documents and allegations, which the court permitted.

Justice Muteti recorded that a not-guilty plea was entered for each accused and directed that the two suspects arrested in Uganda undergo mental assessments before further plea-taking, and he scheduled a ruling on the bail applications for October 9 at 10 am.

The State further highlighted alleged attempts on August 20 to harm persons cooperating with investigators, the arrest of Maritim Kimutai at Pangani Police Station while visiting a cooperating individual, and claims of property loss valued at about KSh37 million and a forged title deed, as well as recovered items such as photographs, identification documents and a notebook, which remain allegations to be tested at trial.