Dr Mutiso murder case: Mulwa claims ex-husband’s affidavit was sworn by someone else
Rose Mbithe Mulwa (centre), her son Chris (right) and her daughter Angela Mulwa appear before the Milimani High Court on September 29, 2026, where they pleaded not guilty to the murder of Dr Victoria Mutiso.
Photo credit: Billy Ogada | Nation
Correspondent
Nation Media Group
The hearing of the Dr Victoria Mutiso murder case has taken a dramatic turn, with Rose Mbithe Mulwa urging the trial judge to summon her ex-husband, Prof David Ndetei, for cross-examination over an affidavit he swore opposing her release on bond.
The fresh application has delayed the court’s determination of the accused persons’ bail application.
Ms Mulwa, who is charged alongside her two children, Chris and Angela, told Justice Alexander Muteti that “Prof Ndetei is not capable of swearing an affidavit due to a mental health challenge”.
Through her lawyer, Joel Mbaluka, Ms Mulwa claims that the affidavit filed by her former husband, whom she divorced more than 20 years ago, “was sworn by someone else”.
“My instructions are that Prof Ndetei is admitted to the High Dependency Unit (HDU) at a city hospital and, therefore, he could not have sworn the affidavit in opposition to me being released on bond,” Mr Mbaluka told the court.
Ms Mulwa, Chris and Angela are charged alongside police constables Collins Bett and Elijah Kimoi, Kimutai Maritim and Pius Muiru with murdering Dr Victoria Mutiso on July 29, 2026, along Mawensi Road in Kilimani, Nairobi.
Urging the judge to summon Prof Ndetei, Mr Mbaluka said: “We want to cross-examine the deponent of the affidavit opposing the release of Ms Mulwa and her children on bond.”
An undated photo of slain clinical psychologist and mental health researcher Dr Victoria Nthunya Mutiso.
Photo credit: Pool
Besides seeking an order summoning Prof Ndetei, Ms Mulwa also wants the court to compel the Independent Policing Oversight Authority (IPOA) to investigate their claims that they were tortured by police officers investigating Dr Mutiso’s murder.
The application to summon Prof Ndetei was vehemently opposed by prosecuting counsel Jalson Makori and Gikui Gichuhi, who argued that the accused persons were introducing the issue after closing their submissions seeking release on bond.
“This application comes too late in the day, and there is no window to introduce new matters,” Mr Makori submitted, urging the court to reject the request.
He further said Ms Mulwa and her children had raised the new claims through the law firm of B M Mutinda & Co. Advocates, including in a letter whose details he did not disclose in open court.
Urging the judge to reject the request to summon Prof Ndetei, Mr Makori submitted that the issues the accused persons wanted to raise with her ex-husband would be addressed in the pre-bail report he had requested.
The court also heard that the accused persons should not be allowed to dictate how IPOA conducts its affairs.
However, Mr Mbaluka insisted that Prof Ndetei should be summoned so the court could establish whether “it is actually him who swore the affidavit relied upon by the DPP to oppose the release of his ex-wife on bond”.
Giving directions, Justice Muteti said the fresh application had reopened a matter that had already been closed in the bail proceedings.
He postponed the ruling on whether to release the accused persons on bond.
One of the two vehicles and the motorcycle that were used in the murder of Dr Victoria Mutiso on August 07, 2026 at the DCI headquarters.
Photo credit: Francis Nderitu | Nation Media Group
“I will rule on October 19, 2026, whether to summon Prof Ndetei or not before I determine whether to free the accused on bond or not,” Justice Muteti said.
He further directed that Rose, Angela and Chris be escorted by prison authorities to receive treatment at the prison clinic.
In the contested affidavit, Prof Ndetei has urged the judge not to release his ex-wife and her two children on bond, saying he fears for his life.
Prof Ndetei says that after divorcing Rose Mbithe Mulwa, also known as Rose Mbithe Ndetei, in 2001 and marrying Dr Victoria Mutiso, his estranged wife and her two children continued to threaten them.
“After the dissolution of the marriage, I married Dr Mutiso. I confirm that we were continually threatened by the accused (Rose Mbithe Mulwa, her son Chris and Angela), and those threats eventually culminated in the death of my wife,” Prof Ndetei states in the affidavit presented to Justice Muteti by prosecuting counsel Gikui Gichuhi and Jalson Makori.
Prof Ndetei told the judge that Rose Mbithe had constantly threatened him.
“The first accused person (Rose Mbithe) is an imperious individual who has constantly threatened me,” Prof Ndetei states in the affidavit handed to Justice Muteti on October 6, 2026.
Prof Ndetei further states: “Because of the history between us (Rose Mbithe and me), I have a real and genuine fear that, if released on bond, the accused persons, acting individually or together, will contact, intimidate, bribe or otherwise influence witnesses against me so as to affect the evidence given at the trial. I also fear for my own safety and that of my family.”
Rose Mbithe has been charged alongside two police officers with murdering Prof Ndetei’s wife, Dr Victoria Nthunya Mutiso.
In the affidavit opposing the release of his former wife and her two children on bond, Prof Ndetei claims they pose a threat to his life.
He also alleges that they evicted him from a developed property in Mlolongo valued at Sh1.5 billion.
“I urge this court not to release my ex-wife and her two children on bond. I am fearing for my life. For the last 30 years, they have been a threat,” Prof Ndetei states.
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