Dr Mutiso murder case: Prof Ndetei opposes ex-wife Rose Mbithe’s bail bid
Professor David Ndetei has urged the High Court not to grant bail to his ex-wife and her two children, as he fears for his life.
Prof Ndetei says that after divorcing Rose Mbithe Mulwa (also known as Rose Mbithe Ndetei) in 2001 and marrying Dr Victoria Mutiso, his estranged wife and her two children continued to threaten him and his new wife.
“After the dissolution of the marriage, I married Dr Mutiso. I confirm that we were continually threatened by the accused (Rose Mbithe Mulwa, her son Chris, and Angela), and those threats eventually culminated in the death of my wife,” Prof. Ndetei states in the affidavit presented to Justice Alexander Muteti by prosecuting counsel Gikui Guchui and Jalson Makori.
Prof Ndetei told the judge that Ms Mbithe had constantly threatened him.
In the affidavit handed over to Justice Muteti on October 6, 2026, Prof Ndetei states: “The first accused person (Rose Mbithe) is an imperious individual who has constantly threatened me.”
Prof Ndetei further states: ‘Because of our history, I fear that if the accused is released on bond, she will contact, intimidate, bribe or otherwise influence witnesses against me in order to affect the evidence given at the trial. I also fear for my own safety and that of my family.”
Ms Mbithe has been charged alongside two police officers with the murder of Professor Ndetei’s wife, Dr Victoria Nthunya Mutiso.
In an affidavit opposing the release of his ex-wife and her two children on bail, Prof Ndetei claims that they pose a threat to his life.
He adds that they evicted him from the Sh1.5 billion Mlolongo property development and that he has been threatened by them for 30 years.
“I urge this court not to release my ex-wife and her two children on bail. I fear for my life. They have been a threat for the last 30 years,” says Prof Ndetei in the affidavit, which was presented to Justice Alexander Muteti, who is trying Ms Mulwa and six others for the heinous murder of clinical psychiatrist Dr Victoria Nthunya Mutiso.
Among the seven defendants are two police officers, Police Constables Elijah Kimoi and Collins Bett.
The others are Martim Kimutai, also known as Kim, and Pius Muiru.
All seven — Ms Mbithe, her children Chris and Angela Mulwa (who are both advocates), PC Kimoi, PC Bett (who was repatriated from Uganda, where he had gone to hide after the brutal killing of Dr Mutiso), Kimutai, and Muiru — deny the joint charge of murdering Dr Mutiso on July 29, 2026, at 9:30 am along Mawenzi Road in Kilimani, Nairobi.
Opposing their application for release on bail, prosecuting counsel Jalson Makori and Gikui Gichuhi told Justice Muteti that the accused would interfere with witnesses, as other suspects were being pursued by the police over the death of the country’s leading psychiatrist.
Prof Ndetei urged Justice Muteti to take judicial notice of the fact that, during the present proceedings, Ms Mbithe has made derogatory and unpalatable remarks about him, his deceased wife, and his family.
The former husband of Ms Mbithe emphasised that all seven of the suspects charged with the killing of his wife are closely connected and coordinated with each other.
According to Prof Ndeti, animosity began to brew when Ms Mbithe lost the Sh1.5 billion land dispute at Machakos High Court.
She never appealed against the decision to dismiss her case, in which she had been seeking to be declared the bona fide owner of the 20-acre parcel of land.
Regarding the seven accused’ allegations that they were tortured and coerced into confessing to the murder of Dr Mutiso, Ms Gichuhi and Mr Makori distanced the police from blame, stating that none of the accused had reported the incident to a police station.
The judge heard that the accused had never reported the torture claims.
In an affidavit filed before Judge Muteti, the lead investigating officer, ASP Clement Mwangi, stated, “I did not give instructions to any of the officers investigating this case to torture any of the suspects to implicate each other.”
The prosecution told Justice Muteti that the torture allegations made by the accused were far-fetched and an afterthought.
They urged the judge to deny the accused bail, as they could betray them. PC Bett fled to Uganda, while PC Kimoi, who had been charged with murder in 2012 and acquitted alongside five others, went into hiding after Dr Mutiso’s killing.
Muiru had also fled to Uganda, but was arrested there alongside another person, Daniel Mwangi.
However, defence lawyer Joel Mbaluka, representing Ms Mbithe and her two children, Chris and Angela, urged the judge to reject the DPP’s objection to the accused being released on bail, stating that the prosecution’s opposition was speculative.
Mr Mbaluka urged the court to uphold the presumption of innocence under Article 50(2)(a) and cautioned against anticipatory sentencing based merely on the gravity of the offence.
He stressed that denying liberty requires hard evidence rather than speculation, conjecture, or ‘assassination’.
He stated that Ms Mbithe, aged 76 and in poor health, lives in Karen with her two adult children and is not a flight risk.
He said that she had never failed to comply with any court order.
Mbaluka described the affidavit filed by the prosecution opposing bail, and sworn by Ndetei, as filled with malice, hatred and vitriol, and designed to achieve continued detention.
He said that Ms Mbithe’s own affidavit shows where the vendetta stems from: court orders obtained by the first three accused to evict Ndetei and the late Dr Mutiso from a piece of land.
He added that Ms Mbithe and her two children, Chris and Angela, do not know the identity of the witnesses and therefore pose no risk of interfering with the case if released.
He added that they all require advanced medical care that is unavailable in prison and that they are willing to comply with reasonable conditions, including handing over their passports.
Angela’s counsel noted that she is a sole breadwinner and single mother of two.
The hearing continues.
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