Drama as lawyers Ombeta, Omari walk out of Rose Mbithe in Dr Victoria murder case

Rose Mbithe, her two children Chris Mulwa and Angela Mulwa and their co-accused before the Milimani High Court in Nairobi on September 29, 2026. [Nancy Gitonga, Standard]

Drama unfolded at the Milimani High Court on Tuesday after a battery of lawyers representing Rose Mbithe Ndetei and her two children dramatically pulled out of the murder case of Dr Victoria Nthunya Mutiso.

Lawyers Cliff Ombeta, Danstan Omari, Samson Nyaberi and others told Justice Alexander Muteti that they no longer wished to act for Mbithe, Chris Mulwa and Angela Mulwa, after concerns emerged over documents allegedly being filed without their clients’ consent.

The development came moments after the three accused persons pleaded not guilty to the murder charges alongside Police Constable Elijah Kibelion Kimoi and Maritim Kimutai.

Justice Muteti subsequently allowed Ombeta, Omari, Nyaberi and the other lawyers to withdraw from representing the first three accused persons, leaving the trio to secure fresh legal representation.

The judge told the accused that they could not be forced to retain lawyers who no longer wished to act for them.

“It’s your right. You know you are the accused person in this matter, and whatever you think is in your best interest as an accused person must be taken into account,” Justice Muteti told Mbithe.

The dramatic turn of events left Mbithe, who has been in custody for about two months, lamenting the departure of her legal team.

“It is unfortunate that the lawyers are leaving us at this point of need. There are some things... there are some information they did not have. Apparently they have not come to see us in person so that we can inform them,” Mbithe told the court.

She said she had hoped to go through the murder proceedings with the lawyers who had represented her and her children.

“I do not want to force them because I called them because of their expertise and I thought they would walk this journey with us. We have been behind bars for 60 days,” she said.

Chris Mulwa also addressed the court, saying the relationship with their lawyers had come to an end.

“It is unfortunate that our journey between Cliff Ombeta and other lawyers has come to an end and we can't force them. There is a lot of malicious prosecution against us,” Chris said.

The accused persons also raised allegations concerning their treatment while in custody, with claims that some members of the family had been subjected to violence.

“My brother was struggled with a tie and my mother was beaten... my co-accused PC Elijah Kibelion was tortured to confess that my brother Chris was the shooter,” Angela told Muteti.

The lawyers sought to withdraw from the matter after the court was also told of a letter allegedly written by the accused persons accusing investigators of malicious prosecution and decriminalisation, and copied to various authorities, including the Office of the President.

State Counsel Jalson Makori asked for 14 days to respond to issues raised by the defence, including the complaint concerning investigators.

“I can not be in this game of playing... please let me get out of these proceedings,” Ombeta told the court.

Before the bail applications could proceed, Justice Muteti directed the Office of the Director of Public Prosecutions to file and serve a supplementary affidavit within three days.

The first, second and third accused persons were also allowed to file supplementary affidavits.

The application was subsequently set for hearing next Tuesday at 10:15 am.

Justice Muteti, however, issued a stern warning to the parties to comply with his orders, referring to last week’s virtual proceedings in which Mbithe and Angela had declined to appear in court virtually.

The court had earlier ordered that the five suspects be physically produced after the two refused to participate virtually last week.

“Going forward court orders should be obeyed,” the judge said.

The five accused persons are charged over the July 29, 2026 killing of Dr Mutiso in Nairobi.

The prosecution has alleged that Mbithe, her two children, Kimoi and Maritim were involved in the murder.

The DPP approved murder charges against Maritim last week, bringing the number of accused persons in the case to five.

Police Constable Kimoi and Maritim are represented separately in the proceedings.