In a significant development in the Dr Victoria Mutiso murder case, lawyers Danstan Omari and Cliff Ombeta have been allowed to withdraw from representing three of the accused persons. The three accused, Rose Mbithe Mulwa, her son Chris Mulwa, and daughter Angela Mulwa, are jointly charged with the murder of Dr Mutiso alongside Police Constable Elijah Kimoi and Maritim Kimutai. The case is currently before Justice Alexander Muteti at the Kenya courts.
According to the court proceedings, the lawyers indicated that they no longer wished to represent the three accused persons, prompting the court to consider their withdrawal. The accused persons did not object to the withdrawal, with one of them, Rose, stating that there were matters they needed to clarify with their legal team. The court was told that the lawyers had not been able to meet the accused persons in remand to discuss some of the issues they considered important to their case.
Justice Muteti allowed the lawyers to withdraw from representing the three accused persons, citing their right to choose their legal representation. The judge emphasized that the accused persons could not be forced to retain lawyers who no longer wished to represent them. The court also heard allegations relating to the treatment of the accused while in detention, with the defence raising claims of torture during their period in custody.
The accused also sought to raise issues concerning documents, identification cards, and passports that they said were taken from a house during an eviction. However, the court directed that such matters could be addressed during the hearing through the relevant witnesses and evidence. The judge issued directions on the pending bail applications, giving the Office of the Director of Public Prosecutions three days to file and serve an affidavit responding to the bail application.
The advocates representing the three accused persons, once they secure new representation, as well as counsel for the fourth and fifth accused, were allowed to file supplementary affidavits. The bail applications will be considered after the prosecution has filed its response. The fifth accused, Maritim Kimutai, and the fourth accused, Police Constable Elijah Kimoi, are represented separately in the proceedings.
Kimoi is alleged by the prosecution to have fired the fatal shot, while the five accused persons are jointly facing murder charges and have denied the allegations. The case has been adjourned to await the prosecution's response to the bail applications. The accused persons' new lawyers will have to file supplementary affidavits in support of their bail applications.
The withdrawal of the lawyers is the latest development in the case, which has garnered significant attention due to the allegations of murder and torture. The case will continue to be closely watched as it progresses through the courts. The prosecution's response to the bail applications will be crucial in determining the next steps in the case.
Key points
- Lawyers Danstan Omari and Cliff Ombeta withdraw from representing three accused in Dr Victoria Mutiso murder case
- The accused persons did not object to the withdrawal of their lawyers
- The court has given the prosecution three days to file a response to the bail applications
