The High Court allowed an application by three accused persons in the murder case of Dr Victoria Mutiso seeking to have Professor David Ndetei appear in court for cross-examination over an affidavit he allegedly swore opposing their release on bail.
His former wife and children doubt the affidavit.
In a ruling delivered by Justice Alexander Muteti, the court directed Prof. Ndetei to appear and answer questions about whether he personally swore the affidavit and the truthfulness of its contents.
Prof. Ndetei is expected to appear in court on Wednesday for cross-examination.
“The prosecution will not suffer any prejudice if Dr Ndetei is called for cross-examination,” the court ruled.
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 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 allegedly swore the document.
The defence argued that cross-examination was necessary to establish whether Prof. Ndetei had personally made the affidavit and to test the accuracy of the statements contained in it.
The prosecution opposed the application, arguing that the defence had missed the opportunity to make the request at the current stage of the proceedings.
The application was also opposed on grounds relating to Prof. Ndetei’s mental stability.
However, Justice Muteti rejected the objections, finding that the prosecution would not suffer prejudice if Prof. Ndetei were called to answer questions about the affidavit.
In the affidavit filed in court, 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.
Prof. Ndetei stated that he divorced Mulwa in 2001 and later married Dr Mutiso.
He alleged, however, that Mbithe and her two children continued to threaten him and his new wife.
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