The Directorate of Criminal Investigations (DCI) has moved to the Milimani Chief Magistrate’s Court seeking orders to detain Rose Mbithe Mulwa alias Rose Mbithe Ndetei and Chris Mulwa for 30 days to allow detectives to conclude investigations into the murder of Dr. Victoria Nthunya Mutiso.
In an application supported by an affidavit sworn by Corporal Romana Oduor, investigators told the court that they require more time to complete ongoing forensic examinations, trace additional suspects believed to be involved in the killing and determine whether the respondents should face murder charges together with other alleged land fraud-related offences.
The DCI informed the court that several key investigations are still underway, including ballistic analysis, examination of CCTV footage, call data records, forensic examination of exhibits allegedly recovered from the second respondent, analysis of the vehicle used by the deceased on the day she was killed and the pending post-mortem examination.
According to investigators, preliminary findings point to a long-standing land dispute as one of the issues under investigation. The affidavit alleges that Dr. Mutiso had previously reported threats to her life after an eviction linked to the disputed property and had also reported being followed by unknown individuals before she was fatally shot. Detectives further allege that the deceased identified the second respondent as one of the people who had allegedly trailed her.
The prosecution argued that releasing the respondents at this stage could jeopardize investigations, claiming they are familiar with key witnesses and may interfere with evidence or communicate with other suspects who remain at large. Investigators also maintained that continued detention is necessary to preserve the integrity of the inquiry.
Representing the respondents, Senior Counsel Cliff Ombeta opposed the application, arguing that the prosecution had failed to demonstrate compelling reasons to justify continued detention.
Ombeta told the court that his clients were assaulted after their arrest and denied access to medical treatment. He claimed the second respondent, an advocate of the High Court, was handed unidentified medication while in custody instead of being taken to hospital despite allegedly sustaining injuries.
The senior counsel displayed the pills before the court, questioning why police had not disclosed the nature of the medication administered to his client.
He further argued that investigators had not presented any evidence to show the respondents posed a flight risk or identified specific witnesses they were likely to intimidate or interfere with if released.
Ombeta urged the court to release the pair on strict bail terms, saying they were ready to cooperate fully with investigators and could report daily to a police station as directed by the court.
He also disputed the prosecution’s reliance on the land dispute, arguing that the eviction referred to by investigators had been carried out pursuant to a valid court order under police supervision.
Addressing the alleged motive, Ombeta submitted that the first respondent divorced the deceased’s husband in 2001 and questioned how investigators could link the divorce to a murder that occurred more than two decades later.
Another defence lawyer told the court that the respondents’ constitutional rights had been violated, arguing they had been held in custody beyond the constitutional timelines without being formally charged.
The court also heard from the first respondent’s daughter, who alleged that officers in civilian clothing and masks raided the family’s home, assaulted family members, intimidated them for several hours and prevented her from following the respondents after they were taken away. She further claimed police officers were still stationed at the family’s residence.
After hearing submissions from both sides, the court reserved its ruling until Monday, August 3, 2026, at 3:00 p.m.
In the meantime, magistrate Onsarigo ordered that the first respondent remain at Kilimani Police Station, while the second respondent be held at Kileleshwa Police Station. The court also directed that family members may deliver any required medication through the respective Officers Commanding Station (OCS) and affirmed that both respondents should have unrestricted access to their legal counsel.
