A bail hearing in the murder case of Dr Victoria Mutiso turned heated on Wednesday when the lawyer for Rose Mbithe Mulwa and her two children confronted Professor David Ndetei over allegations that he had been violent towards his former wife and her family.
The exchange took place before Justice Alexander Muteti during the cross-examination of Ndetei, who had filed an affidavit opposing the release of Rose and her two children, Chris and Angela Mulwa, on bail pending trial.
Dr Mutiso, who was married to Ndetei, was killed in Nairobi’s Kilimani area on July 29, 2026.
Seven people have since been charged with her murder, including Rose and her two children, who have denied the charge.
Ndetei told the court that he opposed the release of his ex-wife Rose and her family members on bail, citing fears for his safety.
Through lawyer Joel Mbaluka, Rose’s defence challenged Ndetei’s account and raised allegations about his past conduct towards her and her family.
When defence lawyer Mbaluka put it to him that he had been violent towards them, Ndetei responded: “I've said no! Those are lies.”
The lawyer alleged that Rose had a P3 medical form relating to an earlier incident and claimed she had been forced to sleep outside their homestead because of the alleged violence.
Ndetei dismissed the claims, describing Rose as a “pathological liar”.
The exchange intensified as Mbaluka also questioned Ndetei over allegations that he had once been caught strangling his ex-wife.
The prosecution objected, arguing that the defence was straying from the purpose of the proceedings, which was to determine the bail applications of the three accused.
Justice Muteti told the defence that if it had evidence of criminal offences allegedly committed by Ndetei, it should report the matter to the police rather than pursue the allegations during the bail hearing.
“If you have the evidence, proceed to the police, have him charged. Deal with that outside this. Let us deal with bail only,” the judge said.
The judge also stopped the defence from pursuing questions about alleged marital conflict between Ndetei and Dr Mutiso, stressing that the proceedings were not a trial of the deceased.
The prosecution, through counsel Victor Owiti, objected to the introduction of claims that were not contained in the affidavit before the court, arguing that such matters should have been formally presented.
The cross-examination followed a challenge by the defence to the authenticity and contents of Ndetei’s affidavit.
Rose, Chris and Angela had questioned whether he personally swore the document, citing his reported hospitalisation at the time and suggesting that someone else might have sworn it on his behalf.
The court allowed the defence to question Ndetei to establish whether he had personally sworn the affidavit and whether its contents were his.
During Wednesday’s proceedings, Ndetei also told the court that he had reported alleged threats to his life at Athi River police station in 2025, before Dr Mutiso’s death.
He claimed the officer commanding the station initially declined to take their statement but later allowed it after he complained to senior authorities.
Asked to identify the officer, Ndetei said he was unsure whether his name was Ndegwa or Mugambi.
The dispute forms part of the ongoing bail proceedings.
