The husband of the late Dr Victoria Nthunya Mutiso has asked the High Court to deny bail to five people charged with her murder, saying their release could put him, his family and potential prosecution witnesses at risk.
David Musyimi Ndetei made the application in an affidavit filed before the Milimani High Court, where the accused are facing murder charges.
Ndetei said he was directly affected by the case and alleged that he and Dr Mutiso had received threats before her death.
He told the court that he was previously married to the first accused, Rose Mbithe Mulwa and that they had two children, Chris and Angela Mulwa. Their marriage ended in 2001, according to his affidavit.
Ndetei said a property dispute that followed later resulted in a High Court decision against Mulwa. He alleged that she did not accept the decision and did not challenge it on appeal.
He claimed the dispute remained a source of tension and alleged that he and Dr Mutiso were subsequently subjected to repeated threats.
“I confirm that we were constantly threatened by the accused persons and those threats eventually culminated into my wife’s death,” Ndetei stated in the affidavit.
However, he made clear that the circumstances surrounding Dr Mutiso’s death are yet to be determined at trial.
Ndetei said the accused persons are familiar with his relatives, colleagues and friends, as well as members of Dr Mutiso’s family and people connected to them professionally and socially.
He told the court he was concerned that some of the people expected to testify could be contacted or influenced if the accused were released.
Among those he identified as potentially vulnerable were family members, household workers and people within the families’ wider social and professional circles.
Ndetei alleged that the accused could attempt to reach witnesses through phone calls, text messages, personal visits or other people acting on their behalf.
He also claimed that there had been hostile remarks and outbursts directed at him, his late wife and members of his family during the court proceedings.
Ndetei singled out the fourth accused, whom he identified as a serving police officer.
He argued that the officer could have access to police colleagues, official information, databases and telephone or location records, which he claimed could potentially be used to identify or reach witnesses.
According to Ndetei, standard bail conditions would not sufficiently protect against this risk because the accused works within the law-enforcement system responsible for implementing such conditions.
The affidavit also raises the death of lawyer Mathew Kyalo Mbobu, whom Ndetei described as his family’s advocate.
Ndetei said he was informed by investigators and the prosecution that Mulwa was being investigated in connection with Mbobu’s death.
He said Mbobu had represented him in legal matters and was familiar with the family’s affairs, including the property dispute.
Ndetei clarified that he was not making any determination about Mbobu’s death, which he said remained under investigation.
He nevertheless argued that the lawyer’s death, together with the reported investigation involving the first accused, increased his concerns about the safety of people who could be connected to the murder case.
The prosecution is also challenging the bail applications, citing concerns including possible interference with witnesses, destruction of evidence, collusion and the possibility of accused persons fleeing. Investigators have further told the court that some witnesses are receiving protection.
The case has since expanded to seven accused persons. Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua, also known as Headboy, pleaded not guilty on October 6, with the prosecution seeking to have their case heard together with that of the original five accused.
The original five are Rose Mbithe Mulwa, Chris Mulwa, Angela Mulwa, Police Constable Elijah Kibelion Kimoi and Maritim Kimutai. They pleaded not guilty on September 29.
Ndetei acknowledged that the prosecution must demonstrate compelling reasons before bail can be denied.
He argued that the alleged threats, potential interference with witnesses, concerns over the safety of victims and witnesses and the possibility of further offences met that threshold.
He also cited the Bail and Bond Policy Guidelines and the Victim Protection Act, arguing that the court should take into account the safety and views of victims and their families.
Ndetei has asked the court to reject the bail application and keep the accused persons in custody until the murder case is concluded.
