Mbithe, children and four others seek bail in Mutiso murder case

Co-accused persons, Angela Mulwa, Chris Mulwa and their mother, Rose Mbithe, before the Milimani High Court on September 29, 2026. [Nancy Gitonga, Standard]

Rose Mbithe and six others accused of murdering Dr Victoria Nthunya Mutiso have urged the High Court to release them on bail pending trial.

The seven accused persons made the plea before Milimani High Court Judge Alexander Muteti on Tuesday, October 6, 2026, after they were charged afresh following a bid by the Director of Public Prosecutions to charge two more suspects in the case.

Mbithe, her children Chris Mulwa and Angela Mulwa, Police Constable Elijah Kibelion Kimoi, Maritim Kimutai alias Kim, Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua alias Headboy pleaded not guilty to murdering Dr Mutiso on July 29, 2026, within Upper Hill in Kilimani Sub-County.

Through lawyers led by Joel Mbaluka, Mbithe and her children asked the court to grant them bail, arguing that they were not flight risks and would comply with any conditions imposed by the court.

The defence challenged the State’s opposition to their release, arguing that there were no compelling reasons to keep them in custody.

“The State's objection to bail is in bad faith and there are no compelling reasons to deny the accused person bail or bond,” the defence submitted.

The lawyers said the accused had filed medical reports requiring advanced or specialised medical attention and assured the court they would comply with any conditions imposed.

“They are willing to deposit their passports in a court,” Lawyer Mbaruka told Justice Muteti.

On possible interference with witnesses, the defence argued that there was no such risk, noting that some witnesses had already been placed under witness protection.

“There is no risk for witness interference if the three are released on bond,” the defence submitted.

The lawyers also disputed an affidavit sworn by Mbithe’s former husband, Prof David Ndetei, describing it as malicious and unsupported by evidence.

“Prof David Ndetei's affidavit is full of malice, hatred and a witch hunt; it has been sworn to achieve continued detention,” the defence submitted.

They said the court had not been furnished with messages or other evidence to support allegations of threats received over the last 30 years after divorcing his former wife Mbithe.

“This court has not been furnished with messages or evidence of any threats in that regard,” the lawyers said.

The defence further claimed that some suspects had been induced to incriminate Mbithe and her children in exchange for their freedom.

“Daniel Mwande and Samuel Karanja are suspects induced to incriminate the accused persons herein,” the lawyers submitted.

The lawyers alleged that Mwande was a relative of lead investigator Clement Mwande and argued that the circumstances raised questions over the investigation.

They also relied on Article 49 of the Constitution, arguing that denial of bail must be supported by evidence.

“The exception, which is the denial, must be supported with evidence as opposed to apprehension, conjecture, and assertion,” the defence submitted.

Kim, the fifth accused, denied the state allegations that he attempted to poison suspects at Pangani Police Station.

His lawyer described the allegations as generalised, while confirming that Kim had gone to the station with bread and milk.

The lawyer said police later forced him to eat some of the bread and taste the milk, which he complied with and it did not harm him.

“The grounds given by both do not display the threshold given by the law requiring a cogent denial of bail and we urge the court to grant the fifth accused reasonable bail,” the lawyer submitted.

Bett, the sixth accused, also said he is not a flight risk, disputing the circumstances of his arrest, telling the court he was not arrested in Uganda as alleged by the prosecution.

He said he was arrested in Kisumu, blindfolded and taken to an apartment, where he claimed he was tortured.

He further alleged that he was forced to sign an affidavit implicating other suspects.

Constable Kibelion's lawyer argued that he had a fixed place of abode and was not a flight risk, noting that he was a serving police constable attached to Karinde Police Post.

The defence said his status as a police officer did not amount to a compelling reason to deny him bail.

The accused also claimed that affidavits supporting the prosecution case contained allegations of coercion, harassment and beating of people to implicate them in the murder.