DPP opposes bail for seven accused of killing psychiatrist Victoria Mutiso

The Office of the Director of Public Prosecutions (ODPP) has today opposed the release on bail of seven people charged with the murder of psychiatrist Dr Victoria Nthunya Mutiso, telling the High Court that the killing was allegedly planned and executed through a highly coordinated operation spanning four months.

The prosecution has asked High Court judge Justice Alexander Muteti to keep the accused in custody, citing the risk of witness interference, obstruction of investigations, destruction of evidence, absconding and the possibility of further offences.

The seven are Rose Mbithe Mulwa alias Rose Mbithe Ndetei, Chris Mulwa, Angela Mulwa, police officers Elijah Kibelion Kimoi and Collins Bett Kiplangat, Kimutai alias Kim Maritim, and Pius Muiru Mbugua alias Headboy.

They face murder charges over the death of Dr Mutiso, who was allegedly killed at about 9.30am on July 29, 2026, along Mawensi Road in Kilimani.

All seven have denied the charges and are presumed innocent until proved guilty.

The prosecution told the court that the accused, acting jointly with other people who have not been charged, allegedly conducted surveillance, gathered intelligence and procured criminal implements as part of preparations for the killing.

The DPP said the alleged operation involved tactical planning, concealment, financial and logistical support before, during and after the murder, with different suspects allegedly assigned specific roles to facilitate the killing and escape.

The prosecution also raised concerns about witnesses under protection, saying some of their identities are known to the accused and that their release could enable them to contact, intimidate or otherwise interfere with witnesses and their families.

Investigators further cited alleged attempts to conceal the crime and destroy digital and telecommunications evidence, while warning that some alleged accomplices remain at large.

Earlier attack

The prosecution presented evidence of an alleged earlier attempt against Dr Mutiso three weeks before her death.

The court heard that on July 7, 2026, the psychiatrist reported that two armed men riding a motorcycle had confronted her near Junction Mall along Ngong Road.

The men allegedly pointed a gun at her while she was driving, but she managed to escape and later reported the incident at Milimani Police Station.

The prosecution also told the court that on August 22, an alleged accomplice was arrested at Pangani Police Station after intelligence indicated that he had gone to visit a suspect who was cooperating with investigators.

According to the prosecution, the alleged purpose of the visit was to poison the suspect and obstruct investigations.

Widower opposes bail

Dr Mutiso’s husband, David Ndetei, has separately urged the court to reject the bail applications, citing fears for his safety, his family and prosecution witnesses.

In an affidavit, Ndetei identified the first accused, Rose Mbithe Mulwa, as his former wife and Chris and Angela Mulwa as their children.

He said his marriage to Mulwa was dissolved in 2001 and that a subsequent property dispute ended with a High Court ruling against her.

According to Ndetei, Mulwa did not appeal the decision but continued to harbour a grievance.

He said he later married Dr Mutiso and alleged that the couple faced repeated threats before her death.

Ndetei told the court that the accused persons know potential witnesses personally, including relatives, domestic workers, colleagues and friends, as well as their homes and places they frequent.

He fears they could use calls, messages, visits or intermediaries to intimidate, bribe or otherwise influence witnesses if released.

The widower also raised particular concern over one of the accused who is a serving police officer, arguing that his position could provide access to police networks, records and information that could be used to locate or interfere with witnesses.

Ndetei argued that ordinary bail conditions might not adequately address that risk because of the officer’s position within the law enforcement system.

He also told the court that derogatory remarks and outbursts had allegedly been directed at him, his late wife and his family during the court proceedings.

Lawyer’s death raised

The affidavit also refers to the death of lawyer Kyalo Mbobu, who represented Ndetei and the family in legal matters.

Ndetei said investigators and prosecutors had informed him that Mulwa was under investigation in connection with Mbobu’s death.

He stressed that he was not making a finding that Mulwa was responsible, and acknowledged that the circumstances surrounding the lawyer’s death remained under investigation.

Ndetei said Mbobu knew the family’s affairs, including the property dispute, and argued that the information heightened his concerns over the safety of witnesses and others connected to the murder case.

He relied on the Bail and Bond Policy Guidelines and the Victim Protection Act in asking the court to take into account the safety and views of victims and their families.

Protected witness

The prosecution has also cited the case of Samuel Karanja Gathoni alias Wakili, whom investigators intend to use as a prosecution witness.

In an application filed on October 1, the DCI sought an additional 14 days to keep Gathoni in custody while the Witness Protection Agency finalises arrangements to place him under its protection.

Police Corporal Romana Odour of the Homicide Investigations Department said in a supporting affidavit that Gathoni had provided investigators with crucial information and that the ODPP and the investigating team intended to call him as a state witness.

The court was told that the Witness Protection Agency interviewed Gathoni on September 24 and was making arrangements to admit him into its protection programme.

Investigators said the process required additional time because of the high level of risk and because some suspects in the murder investigation remained at large.

The DCI cited witness interference, the need to arrest additional suspects, pending forensic examinations, possible collusion and the destruction of evidence in seeking the extension.

The initial 30-day detention order granted on September 2 was, according to investigators, insufficient to complete the protection arrangements.

Gathoni is listed alongside Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua in the related proceedings. Bett and Mbugua face murder charges and were scheduled to take plea on October 6.

Defence disputes allegations

The defence has disputed aspects of the prosecution’s case and allegations surrounding the treatment of suspects.

One accused has alleged that he was tortured while in custody and claimed to have overheard two officers discussing the need to torture him.

The prosecution has denied the allegations.

The prosecution initially charged five suspects before adding Bett and Mbugua, bringing the number facing the murder charge to seven. The charge sheet was subsequently consolidated, and all seven pleaded not guilty.

The court is expected to receive the defence’s replying submissions before making its ruling.

Justice Muteti is scheduled to determine the bail and bond applications on Friday, October 9, 2026, at 10am.

The late psychiatrist was a former director of the African Institute of Mental and Brain Health and was murdered in a chilling drive by execution.