Mother and her two children held for 27 more days over Dr Mutiso's murder
Crime and Justice
By
Kamau Muthoni
| Aug 28, 2026
When Rose Mbithe Mulwa, her daughter Angela and son Chris were arrested, they perhaps hoped that it would be a passing cloud and they would be back to their home at Karen, Nairobi.
Their lawyer Cliff Ombeta said that by Thursday they had spent 30 days behind bars.
However, the orders by High Court Judge Kanyi Kimondo will now extend their stay as state’s guests by a further 27 days.
When they appeared before the court on August 27, 2026, they were accompanied by a battery of lawyers. In their minds, maybe, they were certain that the charges would be read, ushering in a tooth-and-nail battle for their freedom by pleading for bail or bond.
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Following Mbithe’s account that she paid for her husband, Prof David Musyimi’s, school fees, she is a businesswoman and a presidential candidate; cashing out security would not be a problem to her and her family.
Nevertheless, the day would mark a new chapter for her and her two children, now being shifted from police cells to Industrial Area and Langata Women’s Prisons.
The reason, the Director of Public Prosecutions (DPP) asked for 14 days for a mental test to be conducted before they plead to murder charges.
At the same time, the court is on vacation.
Ombeta told High Court Judge Kanyi Kimondo that the earliest available date, September 23, 2026, was too far for his clients.
He asked that the court grant seven or so days and have them appear for plea-taking before a duty judge.
However, Kanyi reiterated that they should be brought to court on the slotted day, before Justice Alexander Muteti.
He also informed them that they would be charged with the murder of Dr Victoria Mutiso, which happened on the morning of July 29, 2026, at Mawensi Road, Nairobi County.
Also on the dock was Police Constable Elijah Kibelion Kwemoi. He too is to be charged with the psychiatrist’s murder.
Unlike Mbithe and her children, he was solo, without a lawyer or a sibling around. He told the court that he would not afford to hire a lawyer to defend him. For this, the court ordered that he be provided one by the State before he also appears on 23rd of next month.
Mbithe, a former Machakos governor candidate, and her son, and daughter are among the prime suspects. They were arrested during an intelligence-led operation at their Karen home and later presented before court.
According to an affidavit sworn by Corporal Romana Odour of the DCI Homicide Bureau, the dispute dates back to Mbithe’s 2001 divorce from Prof Ndetei, with whom she had four children, including lawyers Chris and Angela Mulwa.
The affidavit states that Mbithe later filed a case at the Machakos Law Courts over a parcel of land in the Mlolongo Weighbridge area of Athi River, where Dr Mutiso was named as a defendant. Investigators say the dispute led to the eviction and demolition of the deceased’s family property in February, after which Dr Mutiso allegedly began receiving threats and being followed by unknown individuals.
The DCI alleged that an attempted shooting occurred on July 7, 2026, along Ngong Road near Junction Mall, when two men on a motorcycle allegedly tried to shoot her. She escaped and reported the incident at Kilimani Police Station.
Investigators say Dr Mutiso identified Chris Mulwa as the pillion passenger on the motorcycle. The affidavit states that she informed both police and her husband about the alleged identification.
A second alleged trailing incident was reported on July 27, before Dr Mutiso was shot dead on July 29, 2026, while travelling in an Uber along Ralph Bunche Road, Upper Hill.
Detectives recovered two spent cartridges and a bullet head, which were taken to the National Forensic Laboratory for analysis. CCTV footage and call data records are also being examined. The DCI alleges that Chris Mulwa was found with exhibits linked to the deceased, which investigators believe may have been shared with the suspected attackers.