The husband of slain psychiatrist Dr Victoria Mutiso has asked the court to deny bail to five people accused of her murder, warning that their release could expose him, his family and potential prosecution witnesses to intimidation and interference.
Prof David Ndetei made the plea in an affidavit filed in opposition to the accused persons’ bail application, saying the suspects were familiar with his relatives, friends, colleagues and members of Mutiso’s family.
Ndetei said he feared the accused could exploit their knowledge of the witnesses’ identities, homes and workplaces to influence or intimidate them.
“I confirm that we were constantly threatened by the Accused persons and those threats eventually culminated into my wife’s death,” he stated.
The widower told the court that he had previously been married to the first accused, Rose Mbithe Mulwa, with whom he has two children, Chris and Angela Mulwa.
The two children are also among those facing murder charges.
According to Ndetei, his marriage to Mulwa ended in 2001 before a property dispute emerged and eventually resulted in a High Court decision against her.
He alleged that Mulwa did not accept the court decision, claiming the dispute later became part of a wider history of hostility.
Ndetei said potential witnesses included household workers, relatives and people within his family’s professional and social circles.
He argued that the accused could reach the witnesses through telephone calls, text messages, physical visits or intermediaries.
The widower also raised specific concerns over the fourth accused, whom he identified as a serving police officer.
He claimed the officer could potentially access police networks, records, databases and telephone or location information, which Ndetei fears could be used to trace or interfere with witnesses.
Ndetei argued that ordinary bail conditions might not adequately protect witnesses because the accused officer works within the law-enforcement system responsible for enforcing such conditions.
The widower also referred to the death of lawyer Kyalo Mbobu, who had represented him and was familiar with his family affairs.
He told the court he had been informed that Mulwa was being investigated in connection with Mbobu’s death, while making clear that he was not making any determination on the circumstances surrounding the lawyer’s death.
Ndetei asked the court to find that alleged witness interference, threats against victims and witnesses, and the possibility of further offences amounted to compelling reasons to deny the accused bail.
He urged the court to keep all five accused persons in custody until the murder case is concluded.
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