The High Court has allowed an application by three accused persons in the murder case of Dr Victoria Mutiso seeking to have Professor David Ndetei cross-examined over an affidavit he allegedly swore opposing their release on bail.
In a ruling delivered by Justice Alexander Muteti, the court directed Prof. Ndetei to appear on Wednesday this week to answer questions on whether he personally swore the affidavit and whether its contents are truthful.
“The prosecution will not suffer any prejudice if Dr Ndetei is called for cross-examination,” the court noted.
The application was filed by Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa, who are charged in connection with Dr Mutiso’s killing.
Through their lawyers, the three accused persons challenged the authenticity of the affidavit, arguing that Prof. Ndetei was reportedly admitted to the High Dependency Unit (HDU) at the time he was alleged to have sworn the document.
The defence maintained that cross-examination was necessary to establish whether the affidavit was genuinely made by Prof. Ndetei and to test the accuracy of the statements contained in it.
The prosecution opposed the application, arguing that the defence had missed the appropriate opportunity to make the request. The objection also raised concerns about Prof. Ndetei’s mental stability.
However, Justice Muteti rejected the opposition, ruling that the prosecution would not suffer prejudice if Prof. Ndetei appeared in court to respond to questions concerning the affidavit.
In the contested affidavit, Prof. Ndetei urged the court not to grant bail to his former wife, Rose Mbithe Mulwa, and her two children, citing fears for his life.
He stated that he divorced Mulwa in 2001 and later married Dr Mutiso, but alleged that Mulwa and her two children continued to threaten him and his new wife.
Prof. Ndetei’s expected appearance is set to give the defence an opportunity to question him directly about the circumstances under which the affidavit was prepared and the claims made in support of the prosecution’s opposition to bail.
