The husband of the late Dr. Victoria Mutiso has opposed the release on bail of five people charged with her murder. David Ndetei, in an affidavit filed before the court, stated that their freedom could expose him, his family, and prosecution witnesses to intimidation and interference. He claimed that he had been threatened by the accused persons before his wife's death and that their marriage was dissolved in 2001, resulting in a High Court ruling against the first accused, Rose Mbithe Mulwa.
Ndetei said he was previously married to Mulwa, with whom he has two children, Chris and Angela Mulwa, who are also accused persons in the case. He alleged that the first accused did not accept the High Court decision and did not appeal, resulting in a continuing grievance. Ndetei later married Dr. Mutiso and claimed that he and his wife were subjected to constant threats by the accused persons, which eventually culminated in Dr. Mutiso's death.
The affidavit filed by Ndetei stated that the accused persons know his family, relatives, colleagues, friends, and members of the deceased's family, as well as their homes and places they frequent. He expressed concern that potential prosecution witnesses could be approached or influenced if the accused persons were released. Ndetei claimed that the accused could use telephone calls, messages, visits, or intermediaries to contact witnesses.
Ndetei described the first accused, Rose Mbithe Mulwa, as "an imperious individual" who had repeatedly threatened him. He feared that the accused persons could intimidate, bribe, or otherwise interfere with witnesses, as well as endanger him and his family. Ndetei also raised concern about the fourth accused, a serving police officer, who he claimed could use his position to access police colleagues, records, databases, telephone, and location information.
The affidavit also mentioned the death of lawyer Kyalo Mbobu, whom Ndetei described as the family's lawyer. Ndetei said he was informed by the investigating officer and the prosecution that the first accused was under investigation in connection with Mbobu's death. Mbobu had represented Ndetei in legal matters and allegedly had knowledge of the family's affairs, including the property dispute.
Ndetei stressed that he was not making a finding on the circumstances surrounding Mbobu's death, which remains a matter for investigators. However, he argued that the fact that the lawyer had died, coupled with the alleged investigation involving the first accused, raised concerns that the accused persons could commit another offence against witnesses or other people connected to the case if released.
Ndetei ultimately asked the court to reject the accused persons' application for bail and order that they remain in custody until the murder case is heard and determined. He relied on the Bail and Bond Policy Guidelines and the Victim Protection Act, arguing that the court should consider the safety and views of victims and their families when determining the bail application.
Key points
- The husband of late Dr. Victoria Mutiso opposes bail for five people charged with her murder.
- The accused persons are alleged to have threatened Ndetei and his late wife before her death.
- Ndetei raised concern about the fourth accused, a serving police officer, who he claimed could use his position to intimidate or interfere with witnesses.
