Lawyers representing Rose Mbithe Mulwa and her two children, Chris Mulwa and Angela Mulwa, have withdrawn from the murder case of psychiatrist Dr. Victoria Nthunya Mutiso. The lawyers, led by Cliff Ombeta, cited disagreements with their clients over legal advice as the reason for their withdrawal. They told the Milimani High Court that they no longer wished to represent the accused and asked the court to strike their names from the record.
The withdrawal of the lawyers came as the three accused, along with Police Constable Elijah Kimoi and Maritim Kimutai, appeared before Justice Alexander Muteti to take their plea over the killing of Dr. Mutiso. Dr. Mutiso was shot dead on July 29, 2026. The accused persons all pleaded not guilty to the murder charge. The case has been linked to a long-running property dispute involving Dr. Mutiso's family and Rose Mbithe, the former wife of Dr. Mutiso's husband, Professor David Musyimi Ndetei.
The accused persons raised allegations of torture and mistreatment while in custody. Angela Mulwa claimed that Police Constable Kimoi had been coerced into implicating her brother, Chris, as the gunman in the killing. The prosecution sought 14 days to respond to the defence affidavits, but Justice Muteti directed the State to file its responses within seven days.
The court set October 6, 2026, for the hearing of the accused persons' bail and bond applications. The investigation into Dr. Mutiso's killing has also drawn links to the September 2025 killing of prominent lawyer Kyalo Mbobu, who was representing Ndetei in a legal dispute involving Mbithe.
The lawyers said the accused were not heeding their advice, making it difficult for them to continue representing them. This development has significant implications for the case, as the accused persons will need to find new legal representation.
Kenya Broadcasting Corporation reported that the case has garnered significant attention due to its connections to a long-running property dispute and the killing of another prominent lawyer. The accused persons' allegations of torture and mistreatment while in custody will also be addressed by the court.
The case is ongoing, with the court setting a date for the hearing of the accused persons' bail and bond applications. The investigation into Dr. Mutiso's killing is ongoing, and the court will hear further submissions from the prosecution and the defence.
Key points
- Lawyers led by Cliff Ombeta withdraw from representing Rose Mbithe Mulwa and her two children due to disagreements over legal advice.
- The case has been linked to a long-running property dispute involving Dr. Mutiso's family and Rose Mbithe.
- The accused persons have raised allegations of torture and mistreatment while in custody.
