Angela Mulwa, Chris Mulwa and their mother Rose Mbithe Mulwa were arraigned over the death of Victoria Mutiso at the Milimani High Court in Nairobi on August 25, 2026. The three will be detained at Kileleshwa police station until August 27, 2026, pending further directions by the court /LEAH MUKANGAIRose Mbithe Mulwa and her two children were on Monday ordered to appear before the High Court for plea taking in a murder case after Magistrate Geoffrey Onsarigo closed the miscellaneous application holding them in custody.
The prosecution told the court an information sheet had been filed before the High Court charging the three with the murder of Dr Victoria Nthunya Mutiso. The other two suspects are Angela Mulwa and Chris Mulwa.
“The 21 days have now lapsed and at the end of the 21 days, Your Honour, we now have a charge sheet—or rather an information sheet—which had been filed before the High Court for purposes of the respondents taking plea in a murder case together with others not before this court,” the state said.
The state prosecutor confirmed that a formal murder charge sheet had been filed before Justice Kanyi Kimondo.
“We are therefore humbly requesting that this miscellaneous application be closed,” the prosecutor submitted, adding that the respondents were being charged alongside others not before the court.
Defence counsel Danstan Omari objected to the state’s handling of the detention and filing process.
Omari accused the state of acting with malice, arguing that the murder charges were “craftily drafted” as a “reactionary action” after previous detention applications targeting the family members had failed.
Second counsel for the suspects requested that a formal mental assessment be conducted to ensure the accused were fit to stand trial before taking their plea.
The prosecution revealed the first and second suspects had declined to record statements without their advocates present, exercising their constitutional right to remain silent, which delayed the pre-plea mental evaluation process.
Addressing the court on the issue of statements, the second counsel noted, “There is no requirement at law that the statutory record must record the statute. There is no requirement at law. So, if it is perfectly in order, if they wish to say nothing, it is perfectly in their right to say nothing.”
Emotions escalated when the court granted the suspects brief latitude to speak.
Rose addressed Magistrate Onsarigo, raising claims regarding state intimidation, blocked financial assets and property disputes surrounding a 20-acre parcel of land in Mlolongo valued at Sh1.5 billion.
The suspects protested that state actors, investigators and outside interests were manipulating media coverage and blocking access to basic needs.
“I’m a victim of circumstances,” Rose told the court.
“I’ve not killed anybody, and I’ve done nothing. That’s what I wanted to say, if it pleases the court.”
Co-accused Chris—an advocate —told the court he believed the state had been weaponised to maliciously prosecute them.
“I believe the state has been weaponised to maliciously prosecute us,” Chris told the court.
“I would like to state that they confiscated my ID. They confiscated my lawyer’s card. They confiscated all the necessary things I needed for medical treatment. And even when I go for medical treatment, I’ve got a scan of head injury.”
“I could not manage to actually get treatment. It had to be granted by Good Samaritans. Secondly, I’d like it to be known before the court and the media: I was called to record a statement, I exercised my constitutional right to remain silent, and they threatened me if I did not cooperate. They will increase the time for me to stay and they will add more charges.”
The prosecution objected, stating there was a proper forum for such allegations, “These are very serious allegations, and there’s a forum for that. I believe we don’t know whether he has even made a report.”
Chris responded, “As an advocate, I have not been given the forum nor the opportunity to bring out the issues because we were held in custody for 21 days... They threatened me that the DPP is in their pocket. So where is the justice? Where is the justice?”
He said an accused person had been arrested three times despite having been granted bail and alleged that additional charges beyond murder would be preferred against him if he did not cooperate.
He characterised the state’s actions as a calculated attempt, in collaboration with an advocate who appointed himself as an administrator, to swindle the 20-acre Mlolongo property.
He alleged DCI and DPP officers had been promised a share of the land if they cooperated, asserting this was why he had been silenced and that it was important for the public to know the state was acting maliciously.
He further questioned why the state, whilst claiming they pulled the trigger, had apprehended other individuals, given contradictory reports, and received clear instructions.
The prosecution again objected, “Your Honour, please, the suspect is going into evidence.” Magistrate Onsarigo then gave directions, “So this miscellaneous file is hereby marked as closed as information has now been registered at the High Court, being High Court Criminal E004 of 2026.”
“So the respondents be escorted to the High Court for the same purpose and the issues raised by the respondents can be raised before the appropriate court, and that is the High Court. So this file is hereby marked as closed.”
At the High Court, deputy registrar of the High Court Criminal Division Adelaide Sisenda—holding brief for Justice Kimondo, who was scheduled to hear the matter but was at a colloquium—inquired if there were any objections to holding all three suspects at Kilimani police station.
After conferring with their clients, advocate Omari requested they be held together at Kileleshwa police station instead.
The legal clash stems from a long-running property dispute over the Mlolongo land dating back to 2002, involving Mulwa and her former husband, Prof David Musyimi Ndetei.
The contested parcel served as the matrimonial home of Dr Victoria Nthunya Mutiso (deceased) and Prof Ndetei until its demolition during a February eviction.
Investigators have tied the eviction, property destruction, and document forgery allegations directly to the murder inquiry.
The case will be heard on Thursday. The three suspects remain held at Kileleshwa police station until they are arraigned before the presiding judge for further directions.
