Rose Mbithe, her two children and two police officers have been formally charged with the 2025 murder of lawyer Matthew Kyalo Mbobu.
Mbithe, her son Chris Mulwa and daughter Angela Mulwa, and police constables Julius Kipkoech Cheruiyot and Kennedy Kipkeboi Borboroi appeared before Kibera High Court Judge Diana Kavedza, where they denied murdering Lawyer Kyalo Mbobu.
The prosecution alleges that the five killed Lawyer Kyalo Mbobu on September 9, 2025, at about 5.30pm along Magandi Road near Brookhouse International School in Karen, Nairobi County.
The prosecution told court that Inspector Kenneth Sang, identified as a prime suspect in the killing, would also be charged jointly with the five accused persons. Prosecutor Makori said Sang had been on the run since the killings of Mbobu and Dr Victoria Mutiso in Nairobi.
The court heard that Sang is currently undergoing processing and further interrogation, during which the prosecution said additional evidence relating to the two murders had emerged. The prosecution further informed the court that the Director of Public Prosecutions (DPP) would oppose the release of all six accused persons on bond pending trial.
Justice Kavedza, however, directed the defence to file a formal bail application and written submissions within 10 days. Prosecutors Makori and Gichuhi asked the court to allow them file an affidavit detailing the grounds upon which the state would be opposing bail.
Lawyer Omanga protested the request, describing it as illegal, improper and unconstitutional, arguing that it infringed on the accused persons’ constitutional right to bond. He told the court that the DPP had had three weeks to file the affidavit since the charges were registered against their clients.
“I feel a bit offended the DPP is making the application to be allowed more time to put in an affidavit opposing bail now,” Omanga told the court.
Justice Kavedza subsequently directed the prosecution to file the affidavit by Sergeant Joseph Omwenga within three days. The DPP was also given seven days to file written submissions, while the probation officers were granted three weeks to interview the accused persons and the families of the victims and prepare pre-bail reports.
The case will come up for a virtual mention on November 19, 2026, to confirm compliance with the court’s directions, including the filing of pleadings and pre-bail reports.
The substantive bail hearing has been scheduled for November 24, 2026.
Justice Kavedza also cautioned the defence against creating anxiety among the accused persons over their anticipated release on bond. “These accused persons are just like any other remandees who are waiting for their matters to be determined. Justice is blind and slow in Kenya,” the judge said.
She urged the accused persons to remain patient, assuring them that their applications for bail would be determined in accordance with the law. “Let your clients be patient as all remandees are equal before the law as we have other high-profile murders against Sarah Wairimu Cohen, the late MP Ong’ondo Were, former OCS Central Samson Talaam and the infamous Kolombote charged with murdering patients at KNH who are still in custody,” Justice Kavedza said.
The five accused persons will remain in custody as they await the November 24 bail hearing, while the prosecution completes the filing of its response and the probation officers prepare the pre-bail reports.
