In a significant development in the Dr Victoria Mutiso murder case, prominent defense lawyers Danstan Omari, Cliff Ombeta, Shadrack Wambui, and Martina Swiga have withdrawn from representing politician Rose Mbithe Mulwa and her two children. The lawyers submitted an application to the High Court in Nairobi seeking to step down from the case, which was approved by Justice Alexander Muteti after the accused confirmed they had no objection to their legal team standing down. This sudden exit leaves Mulwa, her son Chris Mulwa, and her daughter Angela Mulwa seeking new legal representation at a critical stage in the High Court proceedings.
The withdrawal occurred before the court could proceed with the bail hearing, with the accused having been unable to meet with their legal team while in remand to discuss critical defense matters. One of the accused voiced concerns over key information and evidence that the defense team had not yet reviewed with them. Despite facing upcoming bail applications without immediate legal representation, Mulwa and her children allowed the lawyers to step aside, with Justice Muteti affirming their right to make independent decisions regarding their defense team.
The accused also raised concerns about their treatment in custody, alleging that they suffered torture while held by authorities. Additionally, they questioned the handling of personal items, including identification cards and passports, which they claimed officers seized during an eviction. Justice Muteti instructed that they address these claims during the trial through witness testimony and cross-examination.
Mbithe, Chris, and Angela face murder charges alongside Police Constable Elijah Kimoi and Maritim Kimutai over the killing of Dr Victoria Mutiso. All five defendants have pleaded not guilty. State prosecutors allege that Constable Kimoi fired the fatal shot, while Mbithe and her children deny any involvement, claiming that political adversaries within the government are orchestrating their arrest and prosecution.
Mbithe maintains that a dispute over a high-value parcel of land drives the underlying persecution against her family. Meanwhile, homicide detectives are investigating multiple motives, including an alleged romantic relationship connected to the circumstances surrounding Dr Mutiso’s death. The investigation is ongoing, with the court yet to determine the next steps in the case.
State Counsel Jalson Makori requested additional time to respond to the pending bail applications, noting that the prosecution needs to address supplementary issues raised by the defense, including a formal complaint regarding the conduct of investigators. Justice Muteti granted the Office of the Director of Public Prosecutions (ODPP) three days to file and serve its response.
Once Mbithe and her children secure new legal representation, their advocates, alongside lawyers for Constable Kimoi and Kimutai, will have the opportunity to submit supplementary affidavits. The High Court will mention the case on October 6 to issue further directions on the bail applications. The case is set to continue, with the accused seeking new lawyers to represent them in the high-profile murder case.
Key points
- Prominent lawyers Danstan Omari, Cliff Ombeta, Shadrack Wambui, and Martina Swiga withdrew from representing the Mulwa family in the Dr Victoria Mutiso murder case.
- The accused, Rose Mbithe Mulwa and her children, face murder charges alongside two police officers, Elijah Kimoi and Maritim Kimutai.
- The case will continue on October 6, with the High Court issuing further directions on the bail applications.
