Court orders mental tests for police officers accused of killing lawyer Kyalo Mbobu

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Kibera High Court has ordered two police officers accused of murdering lawyer Mathew Kyalo Mbobu to undergo a mental assessment before taking a plea.

PC Julius Kipkoech Cheruiyot, attached to Pangani Police Station and PC Kennedy Kipkemei Borboroi of South B Police Station appeared before Kibera High Court Judge Diana Kavedza on Thursday but did not take plea after the prosecution sought orders for them to undergo mental assessment before the charges are read to them.

Senior Assistant Director of Public Prosecutions Gikui Gichuhi told the court that the five accused persons are facing murder charges over the killing of Mbobu.

The charge sheet states that the accused persons Rose Mbithe Mulwa alias Rose Mbithe Ndetei, Chris Mulwa, Angela Mulwa, PC Julius Kipkoech Cheruiyot and PC Kennedy Kipkeméi Borboroi are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.

The prosecution alleges that the five, jointly with another person who has not been brought before court, murdered Mbobu on September 9, 2025, at around 5.30pm along Magadi Road near Brookhouse International School in Karen, Nairobi.

Gichuhi told the court that the prosecution was making the first appearance in the Mbobu matter involving Rose Mbithe, Chris and Angela, as well as the two police officers.

The DPP also sought production orders for lawyer Chris, who is in custody at Industrial Area Remand Prison and Mbithe and her daughter, lawyer Angela, who are being held at Lang'ata Women's Prison.

The prosecution further sought directions on the appointment of advocates for the two police officers.

Lawyer Kimosop appeared for Kennedy, while Julius did not have an advocate and was urged to appoint one before the next plea taking.

The prosecution also told the court to give directions on mental assessment reports for Mbithe and her two children who are currently in custody over a separate murder case.

Justice Kavedza also heard that Mbithe, Chris and Angela are already accused persons in another case, E004 of 2026, relating to the killing of doctor Victoria Mutiso before Justice Alexander Muteti.

The prosecution sought to have the two police officers taken to Mbagathi Hospital for mental assessment before they are presented for plea.

Kimosop, however, opposed the request for his client to undergo mental assessment, arguing that he seeks to waive the same as he is fit to stand trial

The lawyer also asked the court to allow Kennedy to be held at Muthangari Police Station instead of Industrial Area Remand Prison, arguing that he did not want to be remanded at the facility where suspects he had arrested during his tenure were being held.

Justice Kavedza rejected the request, saying there was no special treatment for an accused person once arraigned before court.

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The judge cited the case of former Central Police Station OCS Simon Talaam, who is also facing murder charges over the killing of Albert Ojwang, noting that he is being held at Nairobi Remand alongside other suspects, including some he had arrested.

The court subsequently ordered that Cheruiyot and Borboroi be held at Industrial Area Remand Prison and be escorted to Mbagathi Hospital for mental assessment.

Justice Kavedza also declined a request to have Mbithe and her children to undergo fresh mental assessment and would adopt previous reports from a separate murder case they are facing before Milimani High Court Judge Muteti.

"Production orders are hereby issued to Industrial Area Remand Prison and Lang'ata Women Prison to avail Chris, Mbithe and Angela to appear in court on October 27, 2026 for plea taking in the murder of lawyer Mbobu," Justice Kavedza directed.

The judge directed that the two officers and Mbithe and her two children to take plea on October 27, 2026, after the mental assessment.

Justice Kavedza also urged the wives of the police officers and relatives of the accused to provide them with basic personal items while in custody, including toothpaste, soap and underclothes.