NAIROBI, Kenya Oct 6 – The prosecution has opposed the release on bail of seven people accused of murdering psychiatrist Dr Victoria Mutiso, warning of the possibility of witness interference as the case returned before Milimani High Court Judge Alexander Muteti on Tuesday.
The seven accused persons, including politician Rose Mbithe Mulwa and her two children, Chris Mulwa and Angela Mulwa, were charged afresh after the prosecution moved to consolidate their cases.
All seven pleaded not guilty to the murder charge.
The fresh plea followed the arraignment of Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua, alias Headboy, who were brought before Justice Muteti after being arrested in Uganda and returned to Kenya. They joined the five suspects who had pleaded not guilty on September 29.
The five are Rose Mbithe Mulwa, alias Rose Mbithe Ndetei, her children Chris Mulwa and Angela Mulwa, police constable Elijah Kibelion Kimoi and Maritim Kimutai, alias Kim.
“A plea of not guilty is entered in respect of each one of you, and the matter will proceed,” Justice Muteti said.
The charge sheet alleges that the seven, alongside others who have not been presented before court, murdered Dr Mutiso on July 29, 2026, at about 9.30am along Mawensi Road in Kilimani Sub-County.
The prosecution has now asked the court to deny them bail, citing concerns over possible interference with witnesses and the ongoing investigations.
State counsel Jalson Makori told the court that some of the witnesses are known to the accused persons, while others have been placed under the protection of the Witness Protection Agency.
The State’s opposition to bail is contained in an affidavit filed by homicide investigations officer Corporal Romana Odour.
Investigators argue that releasing the suspects could expose witnesses to intimidation or interference, as well as give the accused an opportunity to destroy or conceal evidence or communicate with people who are still being pursued by investigators.
At the centre of the prosecution’s case is an alleged long-running dispute involving Dr Mutiso, her husband and the first three accused persons Rose Mbithe, Chris Mulwa and Angela Mulwa.
The prosecution alleges that the murder was connected to a longstanding dispute over a 20-acre property in Mlolongo involving the deceased, her husband and the first three accused.
The State has identified Dr Mutiso’s husband as a key prosecution witness and has raised concerns about the relationship between him and the first three accused persons.
According to the prosecution affidavit, the first three accused were known to the deceased and her family and allegedly formed part of a wider group that investigators believe planned and facilitated the killing.
The State alleges that the group conducted surveillance, gathered information about Dr Mutiso and her family and coordinated communications and logistics for several months before the murder.
The prosecution further claims that telecommunications and electronic evidence gathered during investigations links some of the accused to meetings and communications allegedly connected to the planned attack.
Makori told the court that an affidavit had also been filed by Dr Mutiso’s husband in relation to the first, second and third accused persons.
The contents of the affidavit are expected to feature prominently in the arguments over bail, particularly given the State’s assertion that the relationship between the accused and the deceased’s husband could affect the safety or independence of witnesses.
Witness interference
The prosecution’s opposition to bail comes against the backdrop of allegations contained in the investigating officer’s affidavit that there were attempts to interfere with people cooperating with detectives.
According to the affidavit, police received intelligence on August 20 about an alleged plan to harm suspects who were assisting investigators.
The State further alleges that Maritim Kimutai was arrested at Pangani Police Station while visiting one of the people cooperating with investigators and carrying food.
The prosecution has linked the incident to concerns over possible interference with witnesses and suspects who have been assisting detectives.
The State has also told the court that some witnesses are under the protection of the Witness Protection Agency, strengthening its argument that the accused should remain in custody.
The prosecution has previously alleged that the first three accused were at the centre of a wider alleged network involved in planning the killing. These remain allegations that will have to be tested through evidence during the trial.
Investigators have also linked the murder to a dispute over a 20-acre property in Mlolongo.
The DCI alleges that the dispute involved Dr Mutiso and her husband on one side and Rose Mbithe and her children on the other.
The investigation has also touched on allegations concerning property belonging to Dr Mutiso and her husband, including claims of destruction or loss of property valued at about Sh37 million and an alleged forged title deed.
The prosecution has further alleged that investigators recovered items during searches which they consider relevant to the case, including photographs of Dr Mutiso and members of her family, copies of her husband’s identification documents and a notebook containing details of the vehicle she was travelling in.
Defence team shake-up
The bail proceedings come days after several prominent lawyers withdrew from representing Rose Mbithe and her two children.
Among the lawyers who withdrew were Danstan Omari and Cliff Ombeta. The lawyers told the court that disagreements had emerged over legal representation and issues surrounding documents and allegations being raised by the accused. Justice Muteti allowed them to cease acting after the accused did not object.
The three accused had also made allegations of torture and mistreatment while in custody, claims that the prosecution has been expected to respond to.
The court previously directed the State to respond to the defence allegations before the bail applications could be fully argued.
The latest development brings the number of people formally facing murder charges in the case to seven.
Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua were arrested in Uganda and returned to Kenya before being presented before the High Court.
Their plea had initially been delayed to allow for mental assessments after the prosecution told the court it was not ready to proceed with plea-taking. Justice Muteti subsequently directed that they undergo the assessment before today’s proceedings.
