The husband of the late Dr. Victoria Mutiso has asked the court to deny bail to five people facing charges over her murder, arguing that their release could put him, his family and potential prosecution witnesses at risk.
In an affidavit filed before the court, David Ndetei said he feared the accused persons could intimidate or interfere with witnesses because of their knowledge of his family, social circles and places frequented by those connected to the case.
Ndetei further alleged that he had received threats from some of the accused before his wife’s death, saying the alleged threats form part of the background to the murder case.
The widower said he was previously married to the first accused, Rose Mbithe Mulwa, and that they have two children, Chris and Angela Mulwa, who are also among those charged.
According to Ndetei, their marriage ended in 2001. He later became involved in a property dispute with Mulwa, which resulted in a High Court decision against her.
Ndetei claimed Mulwa did not accept the ruling and did not appeal it, leading to what he described as a longstanding dispute.
He subsequently married Dr. Mutiso and alleged that the couple faced repeated threats from the accused persons.
Ndetei told the court that he believes the accused could use telephone calls, text messages, personal visits or intermediaries to reach potential witnesses if granted freedom.
Among those he identified as potentially vulnerable are members of both families, household and domestic workers, colleagues, friends and other people within the deceased’s professional and social networks.
He also raised concerns about the fourth accused, whom he identified as a serving police officer.
Ndetei argued that the officer’s position could potentially provide access to police networks, records, databases and telephone or location information, which he fears could be used to identify or intimidate witnesses.
He maintained that ordinary bail conditions would not sufficiently address the alleged risk, particularly because the officer remains part of the security system responsible for enforcing such conditions.
The affidavit also refers to the death of lawyer Kyalo Mbobu, who Ndetei said represented the family and was familiar with its affairs, including the property dispute.
Ndetei said he was informed by investigators and prosecutors that Mulwa was being investigated in connection with Mbobu’s death.
He, however, clarified that he was not making any determination about Mbobu’s death, noting that the circumstances remained subject to investigation.
The widower argued that the lawyer’s death, together with the alleged investigation involving the first accused, heightened his concerns about the safety of people connected to the murder proceedings.
Ndetei further cited alleged derogatory remarks and outbursts directed at him, his late wife and his family during the ongoing proceedings as part of the reasons for his opposition to bail.
While acknowledging that the prosecution bears the burden of demonstrating compelling reasons to deny bail, Ndetei argued that the alleged threat of witness interference, concerns over the safety of victims and witnesses and the possibility of further offences met that threshold.
He also invoked the Bail and Bond Policy Guidelines and the Victim Protection Act, asking the court to take into account the safety and views of victims and their families when determining the application.
Ndetei has ultimately urged the court to reject the bail application and keep the five accused persons in custody until the murder case is heard and determined.
The allegations contained in the affidavit remain subject to determination by the court.
