The suspects charged with the murder of Dr. Victoria Mutiso have requested the cross-examination of her ex-husband, Prof. David Ndetei, over an affidavit he swore in the case. The affidavit, filed last week, urges the court not to grant bail to Rose Mbithe Mulwa, the ex-husband's former wife, and her two children, citing fears for his life. The suspects, Rose Mbithe Mulwa, Angela Mulwa, and Chris Mulwa, have questioned the authenticity of the affidavit.
According to Prof. Ndetei, after divorcing Mbithe in 2001 and marrying Dr. Victoria Mutiso, his estranged wife and her two children continued to threaten him and his new wife. However, the defence has raised concerns about the affidavit's authenticity, arguing that Prof. Ndetei was admitted to the High Dependency Unit (HDU) at the time he allegedly swore it. The defence has applied to cross-examine Prof. Ndetei, citing doubts about whether the affidavit was genuinely made by him.
The prosecution has opposed the application, arguing that the defence had missed the opportunity to make the request at this stage of the proceedings. The prosecution further argued that the defence could not dictate how the Independent Policing Oversight Authority (IPOA) should conduct its investigations, noting that the State body was not a party to the proceedings. The court is expected to deliver its ruling on the application on the 19th.
The defence has also urged the court to grant the three accused persons bail on lenient cash bail terms, arguing that they were not flight risks and had not attempted to flee the jurisdiction. Lawyer Mbaluka told the court that the accused persons reside in Karen and that the prosecution had not presented evidence demonstrating that they were likely to abscond.
The defence further argued that the accused had medical conditions, some of which they claimed were inflicted while in custody, and required specialised medical attention. Counsel asked the court to consider releasing the accused on bail rather than bond, insisting that the constitutional right to bail under Article 49(1)(h) of the Constitution should not be rendered meaningless.
On claims that the accused could interfere with witnesses, the defence maintained that the prosecution had not provided evidence to support the allegations. Counsel argued that mere apprehension of witness interference was insufficient and that the prosecution had a constitutional obligation to demonstrate, on a factual basis, that there was a real likelihood of interference or harassment.
The court has directed that the accused persons be treated at the prison clinic, and should the officer in charge determine that further medical attention was necessary, they be escorted to a government health facility. The defence had requested that the accused persons be taken to Kenyatta National Hospital (KNH) or Mbagathi Hospital for treatment.
Key points
- The suspects in the Dr. Victoria Mutiso murder case want her ex-husband Prof. David Ndetei cross-examined over an affidavit he swore.
- The defence has raised concerns about the affidavit's authenticity.
- The court is expected to deliver its ruling on the application on the 19th.
