Rose Mbithe and her children Rose and Chris Mulwa have been accused of being part of a plan to eliminate suspects who had agreed to cooperate with investigators probing the murder of Dr Victoria Nthunya Mutiso.
The allegation is contained in an affidavit sworn by No. 85266 Corporal Romana Odour of the Homicide Investigations Bureau as the prosecution opposes bail for five accused persons charged over the murder. According to the affidavit, investigators received intelligence on August 20, 2026, about an alleged plan involving the first, second, third and fourth accused persons and their accomplices.
“That during our investigations we arrested some suspects to assist with our investigations. On the 20th of August, we learnt through human intelligence of plans by the 1st, 2nd, 3rd and 4th accused persons and their accomplices at large to eliminate by poisoning some of our suspects who had opted to co-operate,” the affidavit reads.
Two days later, on August 22, 2026, the fifth accused was arrested at Pangani Police Station while allegedly carrying food.
“On the 22nd August 2026, at Pangani Police station we arrested the 5th respondent who is a close confidant of the 1st, 2nd and 3rd accused where he had gone to visit one such suspect while carrying food,” the affidavit further reads.
The prosecution says information obtained from the fifth accused’s telephone helped investigators trace and arrest additional alleged accomplices. The State has cited the alleged plan to eliminate cooperating suspects among the reasons it wants the accused denied bail, alongside concerns over witness interference, destruction of evidence and contact with suspects who remain at large.
The five accused, Rose Mbithe Mulwa alias Rose Mbithe Ndetei, Chris Mulwa, Angela Mulwa, Elijah Kibelion Kimoi and Maritim Kimutai alias Kim face murder charges arising from the July 29, 2026 killing of Dr Mutiso.
Investigators allege that the murder was linked to a long-running dispute over a 20-acre parcel of land in Mlolongo. According to the affidavit, Mbithe, Chris and Angela were among those alleged to have planned the operation, supplied information about the deceased and her family and coordinated with other accused persons.
The prosecution alleges that the operation involved surveillance and intelligence gathering for about four months before the killing. Investigators also link the accused to an earlier incident on July 7, 2026, when the deceased reported being confronted by two armed people on a motorcycle near Junction Mall along Ngong Road. On July 29, she was allegedly intercepted while travelling in an Uber, registration KDJ 609D, and shot dead.
Investigators later arrested the accused persons and allegedly recovered an A7 notebook containing details of the Uber vehicle, Airtel SIM cards, photographs of the deceased and her family and her husband’s identification documents. The fourth accused, a police officer, is alleged to have fired the fatal shot. Investigators further allege that he fled after the killing and was arrested ten days later.
The prosecution argues that less restrictive bond terms would not adequately address the risks because the accused persons are alleged to have acted through a coordinated network that included people who remain at large and persons with access to police resources.
