Cop, two accomplices held for 30 days over Dr Mutiso murder

A police officer accused of firing the fatal shot that killed clinical psychologist Dr Victoria Nthunya Mutiso will spend the next 30 days in custody alongside two alleged accomplices as detectives pursue a widening investigation into the shooting that has raised questions over a possible land dispute, previous threats and the involvement of other suspects.

Yesterday, Nairobi Chief Magistrate Paul Mutai authorised the continued detention of police officer Elijah Kibelion Kimoi, Daniel Mwangi Njoroge and Kevin Ngugi Kinuthia as the Directorate of Criminal Investigations (DCI) races to complete forensic, digital and witness inquiries before deciding whether to charge them.

The three were arrested on August 7 during what investigators described as an intelligence-led operation and were arraigned on Monday. They did not oppose the application for their continued detention.

Kimoi, listed as the first respondent, will be held at Ruaraka Police Station, Njoroge at Pangani Police Station and Kinuthia at Gigiri Police Station.

The prosecution told the court that preliminary investigations had established specific roles for each of the three in the July 29 killing of Dr Mutiso in Upper Hill, Kilimani Sub-County, Nairobi.

According to an affidavit by DCI Homicide Investigations Bureau officer Corporal Romana Odour, Kimoi is alleged to have fired the fatal shot.

Njoroge is accused of driving a black Toyota Prado, registration KDH 600A, which allegedly blocked the Toyota Passo, registration KDJ 609D, in which Dr Mutiso was travelling.

Kinuthia is alleged to have used a motorcycle, registration KMGZ 980D, to transport Kimoi to and from the scene of the shooting.

Dr Mutiso was shot dead while inside the Toyota Passo on July 29. The incident was initially reported at Kibra Police Station under OB Number 35 before the Homicide Investigations Bureau at DCI headquarters took over the case.

Investigators have since recovered two spent cartridges and two bullet fragments from the scene and subjected them to forensic examination.

A Mini Jericho pistol, serial number 47302127, was subsequently recovered and examined. The DCI told the court that preliminary ballistic findings had linked the recovered cartridge cases and bullet head to the firearm.

The investigators further claim that the weapon had been issued to a senior police officer who is currently at large, adding another layer to an investigation in which detectives believe more people could be involved.

The state said it needed additional time to trace the remaining suspects, recover other firearms believed to have been used in the killing and complete analysis of digital and physical evidence.

Among the outstanding inquiries are forensic examination of CCTV footage, analysis of call-data records, examination of the vehicles and motorcycle believed to have been connected to the operation and recording of statements from witnesses who have yet to be fully interviewed.

The DCI also wants to establish the precise roles played by each suspect and determine whether they acted alone or as part of a wider network.

A possible motive for the killing is also being investigated.

Detectives are examining a long-running land dispute involving Dr Mutiso over L.R. Number 1504/13, a property that is the subject of a case before a Machakos court.

The DCI has told the court that the land dispute could have been one of the motives behind the killing, although investigations into the alleged motive are still ongoing.

More significantly, detectives say Dr Mutiso had previously reported an attempted attack and complained of being followed before she was killed.

According to the prosecution, on July 7, about three weeks before her death, Dr Mutiso was confronted by two armed men riding a motorcycle near Junction Mall along Ngong Road.

The men allegedly pointed a firearm at her, but she managed to escape and subsequently reported the incident at Kilimani Police Station.

Investigators allege that Kimoi was one of the armed men involved in that earlier confrontation.

The alleged July 7 incident has become an important line of inquiry as detectives attempt to establish whether the attack was connected to the eventual killing.

The DCI has also identified Dr Mutiso’s husband as a crucial witness.

Investigators said he is yet to record a comprehensive statement because of the trauma surrounding his wife’s death, but his evidence could assist detectives in reconstructing the events leading to the shooting and establishing details concerning previous threats against her.

The State argued that releasing the suspects at this stage could compromise the investigation by exposing witnesses to intimidation or interference.

The court was also told that some suspects remain at large and could collude with those already arrested if the three were released.

In granting the 30-day detention, Magistrate Paul Mutai said the safety of the suspects themselves could not be guaranteed at this stage and expressed concern about the possibility of interference with investigations.

“I note that one of the suspects is a serving police officer and if the respondents are released on bond there’s a likelihood that they will interfere with investigations,” the magistrate ruled.

The prosecution argued that continued detention was necessary to preserve the integrity of the investigation while detectives pursue outstanding leads.

The case has drawn particular attention because one of the suspects is a serving police officer and investigators are pursuing a firearm allegedly issued to another senior officer who remains at large.