NAIROBI, Kenya Jul 31 – The Directorate of Criminal Investigations (DCI) has asked the Milimani Law Courts to detain a mother and her son for 30 days as detectives complete investigations into the murder of Victoria Nthunya Mutiso.
The suspects, Rose Mulwa and her son Chris Mulwa, were presented before the court following what investigators described as an intelligence-led operation in Nairobi.
In an application supported by an affidavit sworn by Corporal Romana Odour, detectives told the court that the slain doctor had reported two separate incidents in which armed men riding a motorcycle allegedly followed and threatened her before she was eventually shot dead.
According to investigators, the first incident occurred on July 7, along Ngong Road near Junction Mall, where two men on a motorcycle allegedly pointed a firearm at Dr. Mutiso and attempted to shoot her. She escaped unharmed and reported the incident at Kilimani Police Station.
Police say the doctor later informed investigators and her husband that she had recognised the pillion passenger as Chris Mulwa.
The DCI further alleges that on July 27, just days before her death, Dr. Mutiso again reported being trailed by individuals on a motorcycle while driving from her home to her workplace.
According to investigators, Rose Mbithe Mulwa is the former wife of the deceased’s husband. The couple reportedly divorced in 2001 after having four children together, including Chris Mulwa.
Police told the court that during Chris Mulwa’s arrest, officers recovered exhibits allegedly belonging to the deceased. The items have since been submitted for forensic examination, with investigators seeking to establish whether they were shared with the gunmen before the killing.
The prosecution argued that the two suspects are acquainted with key witnesses, including members of the deceased’s family and individuals linked to an ongoing land dispute that forms part of the investigation.
Detectives warned that releasing the suspects at this stage could lead to witness intimidation, interference with investigations or destruction of evidence.
The DCI also informed the court that the alleged gunman and the motorcycle rider involved in the fatal shooting remain at large.
Investigators believe the two suspects may possess information that could help identify and arrest the remaining suspects and fear they could assist them in evading arrest if released.
The court also heard that Dr. Mutiso’s husband, who is considered a key identifying witness, has not yet recorded a comprehensive statement due to the trauma arising from his wife’s killing.
Investigators told the court that several critical aspects of the investigation remain incomplete, including:
- Ballistic examination of the murder weapon.
- Analysis of CCTV footage.
- Examination of mobile phone call data records.
- Forensic examination of exhibits recovered from Chris Mulwa.
- Examination of the motor vehicle allegedly linked to the offence.
- The post-mortem report.
- Mental assessments of the two suspects to determine their fitness to stand trial.
The DCI further argued that the case has generated significant public interest and that releasing the suspects before investigations are completed could expose them to retaliation or mob justice.
Citing Article 49 of the Constitution and Section 36A of the Criminal Procedure Code, investigators maintained that the risk of witness interference, destruction of evidence, the need to trace additional suspects and pending forensic examinations constitute compelling reasons to continue holding the two in custody.
Once investigations are complete, police said the case file will be forwarded to the Office of the Director of Public Prosecutions with recommendations to charge the suspects with murder and other alleged land fraud-related offences.
However, the detention application has been opposed by the suspects’ defence team, led by advocates Danstan Omari, Cliff Ombeta and Shadrack Wambui, who urged the court to reject the prosecution’s request.
