The Director of Public Prosecutions (DPP) has 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 told Justice Alexander Muteti on Tuesday that the accused persons, acting jointly with others who have not been charged, allegedly conducted surveillance, gathered intelligence and procured criminal implements as part of preparations for the murder.
According to the DPP, the alleged operation involved tactical planning, concealment and the provision of financial and logistical support before, during and after the killing. The prosecution argued that the murder was well organised, with each accused allegedly assigned a role designed to minimise the chances of failure or detection while maximising the possibility of escape.
The DPP urged the court to deny bail to all seven accused persons, citing concerns over the safety of witnesses and their families, the integrity of ongoing investigations and the eventual trial. Those facing murder charges are Rose Mbithe Mulwa, her children Chris Mulwa and Angela Mulwa, police officers Elijah Kibelion Kimono and Collins Bett, and Martim Kimutai and Pius Muiru Mbugua.
The prosecution also presented evidence of an alleged earlier attempt against Dr Mutiso. The court heard that on July 7, 2026, three weeks before her death, Dr Mutiso reported that she had been confronted by two armed men riding a motorcycle near Junction Mall along Ngong Road.
The two allegedly pointed a gun at her while she was driving. She managed to escape and subsequently reported the incident at Milimani Police Station. The prosecution further told the court that on August 22, 2026, an alleged accomplice was arrested at Pangani Police Station after intelligence led officers to believe that he had gone to visit a suspect who was cooperating with investigators. According to the prosecution, the purpose of the visit was allegedly to poison the suspect and obstruct investigations.
The court also heard fears raised by David Ndetei, the former husband of Mbithe and father of Chris and Angela. In his affidavit, Ndetei said he feared that the accused persons could contact, intimidate, bribe or otherwise influence witnesses if released on bail.
He also expressed concern for his own safety and that of his family.
Ndetei told the court that his marriage to Mbithe was dissolved in 2001. He said that following the dissolution, Mbithe went to court seeking a claim over property, but the High Court ruled that she had no claim. According to his affidavit, Mbithe did not accept the decision but did not appeal it. Ndetei told the court that the dispute had resulted in a continuing grievance.
The DPP initially charged five people last week in connection with Dr Mutiso’s death. They were Mbithe, Chris, Angela, Kimono and Kimutai. On Tuesday, two additional suspects, Bett and Mbugua, were charged before Justice Muteti. Both pleaded not guilty. The prosecution subsequently consolidated the charge sheet, after which all seven accused persons were presented before the court, had the charges read afresh and pleaded not guilty.
Dr Mutiso was allegedly murdered at about 9.30am on July 29, 2026, along Mawensi Road in Kilimani Sub-County. Until her death, she was a psychiatrist and former director of the African Institute of Mental and Brain Health.
The prosecution alleges that the seven accused persons, jointly with others not before the court, murdered Dr Mutiso. They will remain in remand until October 9, 2026 when the court will rule on whether to release them on Bail or remain in custody pending their trial.
