The Kibera High Court in Kenya has ordered two police officers, PC Julius Kipkoech Cheruiyot and PC Kennedy Kipkemei Borboroi, to undergo a mental assessment before taking a plea. The officers are accused of murdering lawyer Mathew Kyalo Mbobu on September 9, 2025, along Magadi Road near Brookhouse International School in Karen, Nairobi. The case involves five accused persons, including the two police officers, Rose Mbithe Mulwa alias Rose Mbithe Ndetei, Chris Mulwa, and Angela Mulwa.
The prosecution, led by Senior Assistant Director of Public Prosecutions Gikui Gichuhi, sought orders for the two police officers to undergo mental assessment before the charges are read to them. The charge sheet states that the five accused persons are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The prosecution alleges that the five, jointly with another person who has not been brought before court, murdered Mbobu.
The court heard that the prosecution was making the first appearance in the Mbobu matter involving Rose Mbithe, Chris and Angela, as well as the two police officers. The DPP also sought production orders for lawyer Chris, who is in custody at Industrial Area Remand Prison, and Mbithe and her daughter, lawyer Angela, who are being held at Lang'ata Women's Prison. The prosecution further sought directions on the appointment of advocates for the two police officers.
Lawyer Kimosop appeared for Kennedy, while Julius did not have an advocate and was urged to appoint one before the next plea taking. The prosecution also told the court to give directions on mental assessment reports for Mbithe and her two children who are currently in custody over a separate murder case. Justice Kavedza also heard that Mbithe, Chris and Angela are already accused persons in another case, E004 of 2026, relating to the killing of doctor Victoria Mutiso.
Justice Kavedza ordered that Cheruiyot and Borboroi be held at Industrial Area Remand Prison and be escorted to Mbagathi Hospital for mental assessment. The judge rejected a request to have Kennedy held at Muthangari Police Station instead of Industrial Area Remand Prison, arguing that there was no special treatment for an accused person once arraigned before court. The judge cited the case of former Central Police Station OCS Simon Talaam, who is also facing murder charges.
The court subsequently ordered that the two officers and Mbithe and her two children take plea on October 27, 2026, after the mental assessment. Justice Kavedza also declined a request to have Mbithe and her children undergo fresh mental assessment and would adopt previous reports from a separate murder case they are facing before Milimani High Court Judge Muteti. Production orders were issued to Industrial Area Remand Prison and Lang'ata Women Prison to avail Chris, Mbithe and Angela to appear in court on October 27, 2026.
The judge urged the wives of the police officers and relatives of the accused to provide them with basic personal items while in custody, including toothpaste, soap and underclothes. The case has raised concerns about the mental health of police officers and their role in maintaining law and order in the country. The Standard will continue to provide updates on this case as it unfolds.
Key points
- The Kibera High Court has ordered two police officers to undergo mental assessment before taking a plea for the murder of lawyer Mathew Kyalo Mbobu.
- The case involves five accused persons, including the two police officers, and allegations of murder on September 9, 2025.
- The court has directed the accused to take plea on October 27, 2026, after the mental assessment.
