The Directorate of Criminal Investigations (DCI) has asked the Milimani Chief Magistrate’s Court to detain Rose Mbithe Mulwa, also known as Rose Mbithe Ndetei, and Chris Mulwa for 30 days.
Detectives say they need more time to investigate the Dr. Victoria Mutiso killing before deciding whether to file murder charges.
DCI seeks more time for investigations
Corporal Romana Oduor filed an affidavit supporting the application.
She told the court that detectives are still conducting key investigations.
The DCI wants to complete forensic examinations, trace more suspects, and determine whether the respondents should also face land fraud charges.
Detectives continue forensic analysis
Investigators told the court they are still reviewing several pieces of evidence.
These include ballistic reports, CCTV footage, call data records, and forensic analysis of exhibits recovered from the second respondent.
Detectives are also examining the deceased’s vehicle and waiting for the post-mortem report.
Land dispute forms part of the investigation
The DCI believes a long-running land dispute could have contributed to the Dr. Victoria Mutiso killing.
Investigators said Dr. Mutiso had previously reported threats after an eviction linked to the disputed land.
She also reported that unknown people had followed her before the fatal shooting.
According to detectives, Dr. Mutiso identified the second respondent as one of the people who allegedly followed her.
Prosecution opposes release
The prosecution argued that releasing the suspects could interfere with the investigation.
Prosecutors said the respondents know key witnesses and might influence evidence or contact suspects who remain at large.
They urged the court to keep both suspects in custody while detectives complete their investigations.
Defence opposes detention
Senior Counsel Cliff Ombeta opposed the application.
He argued that the prosecution had not shown compelling reasons to justify a 30-day detention.
Ombeta told the court that officers assaulted his clients after their arrest.
He also claimed police denied them proper medical treatment.
According to Ombeta, officers gave the second respondent unidentified medication instead of taking him to hospital.
He displayed the medication in court and questioned why police had not explained what they had administered.
Defence challenges DCI claims
Ombeta argued that investigators had not shown that his clients posed a flight risk.
He also said the prosecution had not identified witnesses the respondents might intimidate.
He urged the court to release them on strict bail terms.
He told the court that his clients were willing to cooperate with investigators and report to a police station whenever required.
Ombeta also challenged the alleged land dispute motive.
He said police carried out the eviction under a valid court order.
He further noted that the first respondent divorced Dr. Mutiso’s husband in 2001.
He questioned how investigators linked that divorce to a murder more than two decades later.
Another defence lawyer argued that investigators had violated the respondents’ constitutional rights by holding them beyond the legal timelines without charging them.
Family raises concerns
The first respondent’s daughter also addressed the court.
She alleged that masked officers in civilian clothes raided the family home.
She claimed they assaulted family members, intimidated them for several hours, and prevented her from following the respondents after the arrest.
She also told the court that police officers remain stationed at the family’s residence.
Court to deliver ruling
After hearing both sides, the court reserved its ruling until Monday, August 3, 2026, at 3:00 p.m.
Pending the ruling, Magistrate Onsarigo ordered Rose Mbithe Mulwa to remain at Kilimani Police Station.
Chris Mulwa will remain at Kileleshwa Police Station.
The court also allowed family members to deliver medication through the respective Officers Commanding Station.
In addition, the magistrate directed police to allow both respondents unrestricted access to their lawyers.
