The husband of slain psychiatrist Dr Victoria Mutiso, Prof David Ndetei, has filed an affidavit opposing bail for the five individuals charged with her murder. Ndetei argues that releasing the suspects could endanger his family and potential witnesses. He cited ongoing threats that culminated in his wife's death and warned that the suspects could exploit knowledge of witnesses' identities, homes, and workplaces to influence or threaten them.
Ndetei's affidavit notes that he was previously married to one of the accused, Rose Mbithe Mulwa, with whom he has two children, Chris and Angela, who are also charged with murder. His marriage to Mulwa ended in 2001 after a property dispute that resulted in a High Court decision against her. Ndetei stated that Mulwa has not accepted the ruling, contributing to a broader pattern of hostility.
According to Ndetei, potential witnesses include household staff, relatives, and individuals within his professional and social circles. These witnesses could be contacted by the accused via calls, texts, visits, or intermediaries. He highlighted concerns over the fourth accused, identified as a serving police officer, who could misuse police networks, records, and location data to track or interfere with witnesses.
Ndetei argued that ordinary bail conditions would be insufficient because the police officer works within the law-enforcement system responsible for enforcing those conditions. He expressed concerns about the officer's ability to access and exploit official resources to compromise the integrity of the case.
The affidavit also references the death of lawyer Kyalo Mbobu, who had represented Ndetei. Mulwa is under investigation in connection with that death, although no determination has been made on its circumstances. Ndetei's concerns about witness interference and threats are central to his plea to deny bail.
Ndetei asked the court to consider alleged witness interference, threats, and the possibility of further offences as compelling reasons to deny bail and keep all five accused in custody until the case concludes. His submission aims to ensure the safety of his family and witnesses, as well as the integrity of the judicial process.
The case against the five accused continues, with Ndetei's affidavit presenting a critical perspective on the potential risks associated with granting bail. The court will consider his submissions as part of its decision-making process.
Key points
- Prof David Ndetei opposes bail for five suspects in wife's murder case
- Ndetei cites threats and potential witness intimidation as reasons to deny bail
- One of the accused is a serving police officer, raising concerns about misuse of official resources
