Rose Mulwa and her son Chris Mulwa have accused the State of subjecting them to malicious and unfair treatment as they appeared in court in connection with the murder of Dr Victoria Mutiso.
The two raised their concerns after the prosecution asked the court to close miscellaneous applications that had been used to detain them while investigations into the murder were ongoing.
Through their lawyer Danstan Omari, Mulwa and her son opposed the State’s request, arguing that there were serious concerns surrounding the manner in which the investigations and prosecution had been handled.
Omari told the court that the defence had only a day earlier challenged an attempt by the State to continue detaining lawyer Angela Mulwa, who is also linked to the murder case.
He questioned why only three suspects had so far been charged with Dr Mutiso’s murder, yet the charge presented before the High Court indicated that the alleged offence was committed jointly “with others not before the court.”
According to Omari, the State also had another miscellaneous application in which investigators had allegedly indicated that the person suspected of pulling the trigger had either not been identified or that a decision regarding that suspect had not yet been made.
He argued that the circumstances raised questions that the defence wanted addressed before the miscellaneous proceedings were brought to an end.
Omari said Mulwa and her son were ready to appear before the High Court and face the charges against them, but maintained that they were aggrieved by the State’s conduct leading up to their prosecution.
“There is malice on the information before the High Court,” Omari told the court.
Mulwa and her son also sought permission to personally address the court over what they described as unfair treatment by the State.
The prosecution, however, maintained that there was no basis for keeping the miscellaneous applications open because the 21-day period previously granted to investigators had expired and murder charges had since been filed before the High Court.
“The 21 days have collapsed. We now have a charge sheet. We therefore humbly request that the miscellaneous application be closed,” the prosecution submitted.
The State informed the court that the matter had effectively moved to the High Court, where the suspects were scheduled to make their first appearance before Justice Kanyi Kimondo.
It therefore urged the court to formally close the miscellaneous proceedings and allow any outstanding issues to be canvassed before the High Court handling the murder case.
The court subsequently marked the miscellaneous files as closed and directed Mulwa and her son to raise their grievances before the High Court.
The two are among the suspects facing charges in connection with the murder of Dr Victoria Mutiso.
