Dr Victoria Mutiso murder: Widower urges court to deny five accused bail over witness fears

The husband of slain psychiatrist Dr Victoria Nthunya Mutiso has asked the High Court to keep five people accused of her murder in custody, saying their release could expose him, his family and potential witnesses to intimidation.

Professor David Musyimi Ndetei made the request in an affidavit filed ahead of the bail hearing at the Milimani High Court.

He says he fears the accused could use their knowledge of his family and social networks to contact or influence people expected to testify in the case.

The five accused are Rose Mbithe Mulwa, her children and advocates Chris Mulwa and Angela Mulwa, Police Constable Elijah Kibelion Kimoi, and Maritim Kimutai, alias Kim.

They all pleaded not guilty to the murder charge on September 29.

The prosecution is also opposing their release, citing alleged risks including witness interference, destruction of evidence, collusion and flight. Those claims have yet to be tested at trial.

Widower cites alleged threats

In his affidavit, Ndetei says he had previously been married to Mbithe and that they have two children, Chris and Angela.

Their marriage ended in 2001.

He says a property dispute that followed later resulted in a High Court decision against Mbithe, which he claims she did not appeal.

Ndetei alleges that tensions surrounding the dispute continued after he married Dr Mutiso.

He told the court that he and his late wife were subjected to repeated threats before her death.

“I confirm that we were constantly threatened by the accused persons and those threats eventually culminated into my wife's death,” he stated in the affidavit.

The allegation is contested and will have to be tested through evidence during the criminal proceedings.

Dr Mutiso was shot dead in Nairobi on July 29, 2026, while travelling in a taxi in the Upper Hill area. She was a psychiatrist and former director of the African Institute of Mental and Brain Health.

Fears over witnesses

Ndetei says the accused are familiar with his relatives, friends, colleagues and members of Dr Mutiso's family.

He also points to household workers and people in the couple's wider professional and social circles as potential witnesses.

His concern is that the accused could approach such people directly or through intermediaries.

He says possible contact could take the form of phone calls, messages or visits.

The widower argues that such access could create pressure on witnesses before they give evidence.

He has asked the court to consider those concerns when deciding whether the accused should be released.

Under Kenya's Constitution, an accused person has a right to bail unless there are compelling reasons to deny it. The burden therefore remains on the prosecution to demonstrate why detention is necessary.

The DCI has already filed an affidavit opposing bail, arguing that there are compelling reasons for the suspects to remain in custody.

Police officer among accused

Ndetei has raised particular concerns about Kimoi, who is a serving police officer.

He argues that the officer's position could potentially provide access to police networks and information that could be used to locate or contact witnesses.

Ndetei says ordinary bail conditions may not be sufficient to address that concern.

That remains an allegation by the victim's family. The court has not found that Kimoi used police systems to interfere with witnesses.

The five accused remain entitled to the presumption of innocence unless and until a court finds them guilty.

Kyalo Mbobu case enters the affidavit

Ndetei has also referred to the September 2025 killing of lawyer Mathew Kyalo Mbobu.

He says Mbobu had represented him in legal matters and was familiar with aspects of the family's affairs, including the property dispute involving Mbithe.

Ndetei told the court that he had been informed by investigators and prosecutors that Mbithe was being investigated in connection with Mbobu's death.

He did not ask the court to treat that allegation as proof of involvement in the lawyer's killing.

The Mbobu investigation is separate from the Mutiso murder case.

In September, the DCI announced the arrest of Police Constable Julius Cheruiyot in connection with Mbobu's killing. Detectives said a firearm issued to Cheruiyot was linked through ballistic examination to the weapon used in the shooting. The DCI also said another officer, Inspector Kenneth Sang, was being sought.

The separate investigation has nevertheless become part of the arguments surrounding bail in the Mutiso case.

Defence has raised its own concerns

The bail application is being contested from both sides.

During the September 29 proceedings, Mbithe and her children alleged that they had been mistreated and tortured while in custody. They also accused investigators of discrimination and malicious prosecution.

The prosecution disputed those claims and asked for time to respond.

Justice Alexander Muteti directed the State to respond to the allegations. Several lawyers representing Mbithe and her children also withdrew from the case during the proceedings.

The allegations of mistreatment have not been established by the court.

The court must therefore weigh the accused persons' constitutional right to liberty against the prosecution's concerns over the integrity of the investigation and trial.

Murder case expands

The case has also grown beyond the original five accused.

On Tuesday, October 6, Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua, alias Headboy, pleaded not guilty to charges of murdering Dr Mutiso.

The prosecution told the court that it wants their case consolidated with that of the five accused who pleaded not guilty on September 29.

The development means the court is now dealing with a wider group of accused persons as investigations and pre-trial proceedings continue.

The prosecution alleges that Dr Mutiso was murdered on July 29 along Mawensi Road in Kilimani, Nairobi, with others who have not yet been brought before the court.

None of the allegations has been proved at this stage.

For Ndetei, however, the immediate issue is the safety of the people who may eventually testify.

He wants the court to find that the alleged threats, the accused persons' familiarity with potential witnesses and the risk of interference amount to compelling reasons for continued detention.

He has asked the court to deny bail and keep the five accused in custody until the murder case is heard and determined.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.