Seven suspects charged with the murder of Dr Victoria Mutiso pleaded not guilty and faced a contested bail hearing on Tuesday before Justice Alexander Muteti at the Milimani Law Courts.
Defence counsel attacked the prosecution’s opposition to bail as speculative, evidence-free and driven by a family vendetta.
The accused—Rose Mulwa, Chris Mulwa, Angela Mulwa and four others—were charged afresh after their case was consolidated into a single capital trial carrying a potential death sentence.
David Ndetei, the deceased’s husband, is the ex-husband of Rose and father of Chris and Angela. He is listed as a prosecution witness.
Advocate Mbaluka, representing the first three accused, urged the court to uphold the presumption of innocence, cautioning against what he called anticipatory sentencing based merely on the gravity of the offence.
He said denying liberty requires hard evidence rather than speculation, conjecture or "assassination".
Rose, nearly 76 years old and in frail health, resides in Karen with her two children and presents no flight risk, counsel said, noting she has never failed to comply with any court order.
Mbaluka described Ndetei’s affidavit opposing bail, which was filed late by the prosecution, as filled with malice, hatred and vitriol and sworn in order to achieve continued detention.
Rose’s own affidavit, he said, shows where the vendetta stems from: court orders obtained by the first three accused to evict Ndetei and Dr Mutiso from a piece of land.
Counsel further alleged that the DCI lacked impartiality and that other suspects were induced to fabricate statements to evade trial.
The first three accused say they are not aware who the witnesses are and therefore pose no risk of interference if released.
Counsel said they require advanced medical attention unavailable in custody and are willing to comply with reasonable terms, including depositing their passports.
Angela, counsel noted, is a sole breadwinner and single mother of two.
Defence counsel said affidavits sworn by Corporal Romana Akinyi Oduor failed to produce concrete evidence.
Of nine paragraphs alleging potential witness intimidation, only one specifically named the first three accused, and it rested entirely on apprehension that they might threaten the surviving husband.
Despite claims of harassment spanning 30 years, counsel said the prosecution annexed no OB report or documented complaint.
Claims regarding erasure of electronic evidence were dismissed as unfounded, given that police had already confiscated the suspects’ personal belongings upon arrest.
Counsel for the fourth accused said his client serves as a police officer and that while the investigating officer’s report identifies him as the one who pulled the trigger, no evidence has been provided to support that claim.
Ndetei’s affidavit, he added, merely speculates on the fourth accused’s role, saying only that he "could use those connections"—nothing compelling enough to oppose bail.
The hearing also featured allegations of investigative misconduct.
Defence lawyers cited medical reports showing physical abuse in custody, pointing to affidavits filed by PC Collins Bett, the sixth accused, along with Kimutai Maritim and Pius Mbugua.
Bett was granted leave to address the court, detailing how officers arrested him and spoke in Kikuyu, unaware he understood the language, saying he would be detained while their tribesmen went free.
Bett alleged he was denied legal counsel at Kilimani Police Station and was coerced to sign a scripted statement implicating Rose, Chris and Angela, which he refused.
Counsel also alleged that Daniel Mwangi, said to be a relative of lead investigator Clement Mwangi, and Samuel Karanja were induced to implicate the first three accused and escape trial.
The court questioned Corporal Oduor directly on the seventh accused’s travel records. Oduor told the court the passport shows an entry to Uganda on July 8, 2026, and a further entry on September 1, 2026, when the accused was being deported.
There is an exit from Uganda on July 12, 2026, and an exit on September 1, but no corresponding entry, Oduor said.
Asked by counsel Njagi how many times the accused had travelled to Uganda based on the passport, Oduor replied, "They're several—more than 10, my lord."
Njagi submitted that travel to Uganda is not illegal and that the seventh accused has travelled legally and many times to the neighbouring country, yet the investigating officer has not shown he is a flight risk.
She said he has a fixed abode in Syokimau and a rural home in Gatamayu, Kiambu County, and was arrested in Kisumu as sworn in his affidavit.
The defence noted that travel across the country in the ordinary course of life is not unusual and that conduct before being charged cannot by itself be interpreted as evidence of criminal intent.
The prosecution vehemently opposed bail, saying no evidence has been produced to show coercion or intimidation of the accused.
Prosecutor Makori also said there was no evidence that any inducements were given to the co-accused to implicate the first three accused.
The judge is set to give a ruling on October 9 at 10 am.
