Victoria Mutiso’s Husband Urges Court to Keep Five Murder Suspects in Custody

The husband of the late Dr. Victoria Mutiso has urged the court to deny bail to five individuals charged with her murder, warning that releasing the accused could put him, his family, and key prosecution witnesses at risk of severe intimidation and interference.

In a detailed affidavit presented in court, David Ndetei revealed that he was previously married to the first accused, Rose Mbithe Mulwa, with whom he shares two children – Chris and Angela Mulwa – who are also co-accused in the murder case.

Ndetei explained that his marriage to Mulwa was dissolved in 2001. A subsequent legal battle over property ended in a High Court ruling against Mulwa, a decision he said she never appealed, fostering long-standing resentment.

Ndetei later married Dr. Mutiso. He alleged that the unresolved property dispute led to persistent harassment and threats against them over the years.

“I confirm that we were constantly threatened by the accused persons, and those threats eventually culminated in my wife’s death,” Ndetei stated in his affidavit.

Heightened Risk of Witness Interference

Expressing deep concern for the integrity of the trial, Ndetei pointed out that the accused persons have intimate knowledge of his family, relatives, domestic staff, colleagues, and social networks. He warned that if released, they could easily use telephone calls, messages, physical visits, or third-party intermediaries to bribe, pressure, or intimidate potential witnesses.

Ndetei described Mulwa as an “imperious individual” who has continued to direct derogatory remarks and outbursts toward him and his family even during ongoing court proceedings.

The widower raised specific alarms regarding the fourth accused, who is a serving police officer. Ndetei argued that the officer’s position grants him access to law enforcement databases, sensitive records, location tracking, and professional networks that could be weaponized to trace and coerce witnesses.

Standard bail conditions, he contended, would prove ineffective because the fourth accused operates within the very system tasked with enforcing them.

Concerns Over Related Investigations

The affidavit also highlighted the suspicious death of lawyer Kyalo Mbobu, who had represented Ndetei in legal matters and possessed extensive knowledge of the family’s property disputes.

Ndetei disclosed that investigating officers and the prosecution informed him that Mulwa is currently under investigation in connection with Mbobu’s death.

While clarifying that he was not making formal findings regarding the lawyer’s demise, Ndetei asserted that the ongoing investigation underscores a grave risk that the accused could commit further offenses or target individuals tied to the case if granted freedom.

Relying on the Victim Protection Act and national Bail and Bond Policy Guidelines, Ndetei urged the court to prioritize the safety, rights, and fears of the victims’ family. He requested that the court reject the bail application in its entirety and keep all five accused persons in custody until the murder trial concludes.

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