Mutiso murder: Ndetei says life in danger, opposes bail for ex-wife Mbithe and children

Professor David Ndetei, the husband of murdered doctor Victoria Mutiso, has urged the High Court to deny bail to his former wife Rose Mbithe Mulwa and their two children, accusing them of intimidating him.

In an affidavit filed before Milimani High Court Judge Alexander Muteti, Ndetei has vehemently opposed the release on bail of Mbithe, her children Chris Mulwa and Angela Mulwa pending trial.

The three are charged alongside Police Constable Elijah Kibelion Kimoi, Maritim Kimutai alias Kim, Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua alias Headboy with the murder of Dr Victoria Nthunya Mutiso.

In his affidavit, Ndetei claimed that he had been intimidated by Mbithe and their children for more than 30 years.

Ndetei added that he has lived in fear for his life following years of alleged intimidation by Mbithe and their two children, saying the death of his wife, Dr Mutiso, had left him traumatised.

He told the court that the murder of Mutiso had heightened his fears and that he apprehended for his own safety, given what he described as years of hostility and intimidation.

The court heard that Ndetei and his late relative were evicted from their Mlolongo home in February this year following a court order obtained by his former wife Mbithe and their children, Chris and Angela, in a case filed before the Machakos courts.

Ndetei alleged that the eviction and the disputes surrounding the property contributed to the hostility between him and his former family.

He further claimed that the disagreements had persisted for years and had escalated into intimidation, leaving him fearful for his safety.

Ndetei urged the court to consider his fears and the circumstances surrounding the murder of Mutiso when determining whether Mbithe and the two children should be released on bail pending trial.

However, the defence challenged the allegations, saying Ndetei had not provided evidence, including police occurrence-book records or messages, to substantiate the claims.

The lawyers representing Mbithe and her children told the court that Ndetei’s affidavit was motivated by bad blood and frustration arising from disputes involving the former couple.

Rose Mbithe (R) and her two children at the Milimani law courts on August 27, 2026. [David Gichuru, Standard]

“Prof David Ndetei's affidavit is full of malice, hatred and witch-hunt; it has been sworn to achieve continued detention,” the defence submitted.

The defence further argued that Mbithe’s affidavit explained the source of the alleged hostility, linking it to land disputes involving the former couple.

“The affidavit by Rose Mbithe shows where the hatred stems from: the land suit filed by Mbithe and her two children that led to the eviction of Ndetei and his deceased and the hatred,” the defence submitted.

The lawyers further argued that Ndetei had failed to provide evidence supporting his claims of intimidation.

“This court has not been furnished with a message or evidence of any threats in that regard,” they said.

They urged Justice Muteti to find that there were no compelling reasons to keep Mbithe and her children in custody.

The defence said the three were not flight risks and were willing to comply with any bail conditions imposed by the court.

It also argued that there was no danger of witness interference because some prosecution witnesses had already been placed under witness protection.

“There is no risk of witness interference if the three are released on bond, the defence submitted.