The High Court has allowed Rose Mbithe Mulwa and her two children, Angela and Chris Mulwa, to cross-examine her former husband, Professor David Ndetei, over an affidavit opposing their release on bail in Dr Victoria Mutiso’s murder case.
Justice Alexander Muteti directed Prof. Ndetei to appear in court on Wednesday to answer questions on whether he personally swore the affidavit and the truthfulness of its contents. The three accused, through their lawyers, challenged the document’s authenticity, saying Prof. Ndetei was reportedly admitted to the High Dependency Unit (HDU) when he allegedly swore it.
The defence argued that cross-examination was necessary to establish whether he genuinely made the affidavit and to test the accuracy of his statements.
The prosecution opposed the application, arguing that the defence had missed the opportunity to make the request at this stage of the proceedings. Objections were also raised concerning Prof. Ndetei’s mental stability.
However, Justice Muteti allowed the application, finding that the prosecution would suffer no prejudice if Prof. Ndetei was called for cross-examination.
In the disputed affidavit, Prof. Ndetei urged the court to deny his former wife and her children bail, saying he feared for his life.
He stated that he divorced Mbithe in 2001 and later married Dr Mutiso. He alleged that his former wife and her two children continued to threaten him and Dr Mutiso.
