The husband of slain Dr. Victoria Mutiso has urged the court to deny bail to five people charged with her murder, including his former wife and their two children, citing fears for his safety and possible interference with prosecution witnesses.
In an affidavit filed in court, David Ndetei alleged that the accused persons had threatened him and his wife before her death. He argued that their release could expose his family and witnesses to intimidation.
Ndetei identified the first accused, Rose Mbithe Mulwa, as his former wife and two other accused persons, 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 his affidavit, Mulwa did not appeal the decision but continued to harbour a grievance.
Ndetei said he later married Dr. Mutiso and alleged that the couple faced repeated threats. He linked those alleged threats to the background of the murder case, while acknowledging that the circumstances surrounding his wife’s death remain for the trial court to determine.
The widower argued that the accused persons know potential prosecution witnesses personally, including relatives, domestic staff, colleagues and friends. They also know their homes and places they frequent, he said. He expressed concern that witnesses could be contacted through calls, messages, visits or intermediaries and subjected to pressure, intimidation or bribery.
Ndetei further alleged that derogatory remarks and outbursts had been directed at him, his late wife and his family during the ongoing court proceedings.
He raised particular concern about the fourth accused, whom he identified as a serving police officer. According to Ndetei, the officer’s position could provide access to police networks, records and information that might be used to locate or intimidate witnesses. He argued that ordinary bail conditions would not sufficiently address that concern because the officer works within the system responsible for enforcing them.
The affidavit also referred to the death of lawyer Kyalo Mbobu, whom Ndetei described as the family’s lawyer.
Ndetei said the investigating officer and prosecution had informed him that Mulwa was under investigation in connection with Mbobu’s death. That assertion is contained in his affidavit and does not establish her involvement. He said Mbobu had represented him in legal matters and knew about the family’s affairs, including the property dispute. While acknowledging that the circumstances of the lawyer’s death remained under investigation, Ndetei argued that the information heightened his fears for witnesses and other people connected to the murder case.
He acknowledged that the prosecution bears the burden of demonstrating compelling reasons to deny bail. However, he maintained that the alleged threats, risk of witness interference and concerns over further offences justified keeping the accused persons in custody.
Relying on the Bail and Bond Policy Guidelines and the Victim Protection Act, Ndetei asked the court to consider the safety and views of victims and their families when determining the application.
He wants the five accused persons to remain in custody until the murder case is heard and determined. The allegations in his affidavit remain subject to the court’s assessment, and the accused persons are presumed innocent unless proved guilty.
