NAIROBI, Kenya, Oct 19 – The High Court has allowed an application by three suspects charged with the murder of Dr Victoria Mutiso to cross-examine Professor David Ndetei over an affidavit he allegedly swore opposing their release on bail.
Justice Alexander Muteti directed Ndetei to appear in court on Wednesday to clarify whether he personally swore the affidavit and respond to questions concerning the authenticity and accuracy of its contents.
The application was filed by Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa, who are facing charges in connection with Mutiso’s killing.
Through their lawyers, the accused challenged the affidavit, arguing that Ndetei was reportedly admitted to a High Dependency Unit (HDU) at the time he allegedly swore the document.
The defence told the court that cross-examination was necessary to establish whether the professor personally made the statements attributed to him and verify the claims contained in the affidavit.
The prosecution opposed the application, arguing that the defence had failed to raise the issue at the appropriate stage of the proceedings.
The State also raised objections relating to Ndetei’s mental stability.
However, Justice Muteti rejected the objections, ruling that allowing the professor to be questioned would not prejudice the prosecution.
“The prosecution will not suffer any prejudice if Dr Ndetei is called for cross-examination,” the court observed.
Prof Ndetei opposed bail over safety concerns
In the affidavit, Ndetei urged the court to deny bail to his former wife, Rose Mbithe Mulwa, and her two children, citing fears for his life.
He told the court that he divorced Mulwa in 2001 before subsequently marrying Dr Mutiso.
Ndetei alleged that Mulwa and her two children continued to threaten him and his new wife, claims he relied on in opposing their release on bail.
The defence now seeks to question him on the circumstances surrounding the affidavit and the truthfulness of the allegations contained in it.
His appearance on Wednesday is expected to allow the accused persons’ lawyers to examine the document and challenge the claims presented to the court in opposition to their bail application.
The court’s decision allows the cross-examination to proceed but does not determine the merits of the murder charges against the three accused persons.
