A dramatic turn of events unfolded at the Milimani High Court in Nairobi, Kenya, on Tuesday, September 29, 2026, as lawyers representing Rose Mbithe Ndetei and her two children, Chris Mulwa and Angela Mulwa, walked out of the murder case of Dr. Victoria Nthunya Mutiso. The lawyers, led by Cliff Ombeta and Danstan Omari, informed Justice Alexander Muteti that they no longer wished to act for their clients due to concerns over documents allegedly being filed without their consent.
The development occurred moments after the three accused persons pleaded not guilty to the murder charges alongside Police Constable Elijah Kibelion Kimoi and Maritim Kimutai. Justice Muteti allowed the lawyers to withdraw from representing the first three accused persons, leaving them to secure fresh legal representation. The judge emphasized that the accused persons could not be forced to retain lawyers who no longer wished to act for them.
Rose Mbithe, who has been in custody for about two months, expressed her disappointment and frustration over the departure of her legal team. She told the court that she had hoped to go through the murder proceedings with the lawyers who had represented her and her children. Mbithe stated that she did not want to force the lawyers to continue representing her, citing their expertise and the fact that they had been with her since the beginning of the case.
Chris Mulwa, one of Mbithe's children, also addressed the court, stating that the relationship between them and their lawyers had come to an end. He alleged that there was malicious prosecution against them and expressed concerns over their treatment while in custody. Angela Mulwa, another child, raised allegations of violence against some members of their family and claimed that Police Constable Elijah Kibelion was tortured to confess that Chris was the shooter.
The lawyers' withdrawal came after the court was informed of a letter allegedly written by the accused persons accusing investigators of malicious prosecution and decriminalization, and copied to various authorities, including the Office of the President. State Counsel Jalson Makori requested 14 days to respond to the issues raised by the defense, including the complaint concerning investigators.
Justice Muteti directed the Office of the Director of Public Prosecutions to file and serve a supplementary affidavit within three days. The first, second, and third accused persons were also allowed to file supplementary affidavits. The application was subsequently set for hearing the following Tuesday at 10:15 am. The judge issued a stern warning to the parties to comply with his orders, referring to last week's virtual proceedings in which Mbithe and Angela had declined to appear in court virtually.
The five accused persons are charged with the July 29, 2026, killing of Dr. Mutiso in Nairobi. The prosecution has alleged that Mbithe, her two children, Kimoi, and Maritim were involved in the murder. The DPP approved murder charges against Maritim last week, bringing the number of accused persons in the case to five. Police Constable Kimoi and Maritim are represented separately in the proceedings.
Key points
- Lawyers representing Rose Mbithe and her children withdraw from the Dr. Victoria Mutiso murder case.
- The accused persons raise allegations of malicious prosecution and concerns over their treatment while in custody.
- The case is set for hearing next Tuesday, with the accused persons allowed to file supplementary affidavits.
