The Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) have opposed the release on bail of five suspects charged with the murder of Dr Victoria Nthunya Mutiso.
In an affidavit filed in court, Homicide Investigations Bureau officer CPL Romana Odour said the prosecution believes the suspects could interfere with witnesses, destroy evidence, collude with other suspects or flee if released.
The five are jointly charged with other suspects who are yet to appear in court over the killing of Dr Mutiso on July 29, 2026.
The investigating officer acknowledged the suspects’ constitutional right to bail under Article 49(1)(h), but argued that compelling reasons exist to keep them in custody pending trial.
According to the affidavit, investigators believe the murder was linked to a long-running dispute over a 20-acre property in Mlolongo involving the deceased, her husband and the first three accused persons.
The first three suspects — Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa — are alleged to have known the deceased and her family and to have formed part of a wider group that planned and facilitated the killing.
Investigators allege that the group conducted surveillance and gathered information about the deceased and her family for about four months before the murder, while coordinating communications and logistics.
The DCI further claims that telecommunications and other electronic evidence links the suspects to meetings and communications allegedly connected to the planned attack.
The affidavit also refers to an alleged incident on July 7, when Dr Mutiso reported being confronted by two armed people on a motorcycle near Junction Mall along Ngong Road. Investigators allege that the fourth accused, Elijah Kimoi, was the pillion passenger.
On July 29, investigators allege that Dr Mutiso was intercepted while travelling in an Uber vehicle, registration KDJ 609D, and fatally shot.
The DCI says searches following the arrests led to the recovery of items it considers relevant to the investigation, including an A7 notebook containing details of the Uber vehicle, Airtel SIM cards, photographs of the deceased and her family, and copies of her husband’s national identity card.
Investigators also allege that a vehicle taken from the deceased’s home in Mlolongo was recovered from the residence of the third accused in Kerarapon.
The fourth accused, whom investigators describe as a serving police officer at the time of the alleged offence, is accused of firing the fatal shot. The DCI alleges that he fled after the incident and was arrested 10 days later.
Investigators further allege that he burnt the clothes he was wearing during the shooting in an attempt to destroy forensic evidence.
The prosecution has also raised concerns over alleged attempts to interfere with people cooperating with investigators. It says intelligence received on August 20 indicated an alleged plan to harm suspects who had agreed to assist the investigation.
The fifth accused, Maritim Kimutai, was subsequently arrested at Pangani Police Station on August 22 while allegedly visiting one of the cooperating suspects and carrying food, according to the affidavit.
The DCI says information obtained from Kimutai’s phone helped investigators trace and arrest additional suspects, including three people who had allegedly fled to Uganda.
Investigations are ongoing, with the prosecution saying several alleged accomplices remain at large, including some senior police officers.
The DCI argues that releasing the five suspects could compromise the investigation and expose witnesses to interference.
It has therefore asked the court to deny them bail and keep them in custody pending the conclusion of investigations and trial.
