Court postpones plea-taking of suspects in Dr Victoria Mutiso murder

Clinical psychologist Dr Victoria Mutiso who was shot dead in Nairobi on July 29, 2026.[Courtesy]

The High Court has postponed the plea-taking of five suspects linked to the murder of psychiatrist Dr Victoria Nthunya Mutiso after two accused persons declined to appear virtually from prison.

Justice Alexander Muteti of Milimani High Court on Wednesday ordered that all five suspects be produced in open court on Tuesday, September 29,2026 after the court was informed that Rose Mbithe and her daughter Angela Mulwa had refused to appear in court virtually as earlier order by the court.

An officer from Lang’ata Women’s Prison told the court that Mbithe and her daughter had declined to participate in the virtual proceedings.

Justice Muteti questioned whether the accused persons could dictate how they would appear before court, saying there had been a specific order requiring the proceedings to be conducted virtually today.

“You mean we will be taking instructions from accused persons on how to appear in court? I have indicated there was a precise order from Judge Kanyi Kimondo that the case today be mentioned virtually,” Justice Muteti said.

The judge added: “It is not open for them to choose not to appear unless they are seeking to be excluded from the trial.”

Defence lawyer Danstan Omari told the court that the accused persons wanted to be brought before the judge physically.

“We are seeking for our clients to be availed in open court. Indeed, accused persons have no power to direct court on how or when to appear in court and we apologise for what has happened, your honour,” Omari said.

Justice Muteti directed the prison authorities to ensure the suspects are physically produced in court next week on Tuesday at noon, warning them against disobeying court orders.

“Let them know if they are unhappy with the court order to appear virtually, there are ways to challenge the same rather than disobey,” the judge said.

He consequently issued a production order directing Lang’ata Women’s Prison to produce Mbithe and Angela Mulwa  in open court on September 29 for plea-taking.

The judge similarly ordered Police Constable Elijah Kibelion Kimoi and another suspect, Kimutai alias Kim Maritim to be produced in open court at noon on the same day after the Director of Public Prosecutions sought to have the related murder files consolidated.

Advocate Chris Mulwa,who is also among the accused and son to Mbithe will remain at Industrial Area Remand Prison pending the next appearance.

The DPP, through prosecutor Jalson Makori said they did not oppose to have the plea differed to next week to all the three cases consolidated.

The five are linked to the killing of Dr Mutiso, who was fatally shot in Nairobi on July 29, 2026.

Police have previously identified PC Kibelion Kimoi as an alleged key suspect in the shooting.

Mbithe and her children Angela and Chris Mulwa were last month arraigned to face murder charges alongside Kimoi but plea-taking was deferred after the court directed that they undergo mental assessments.

The five suspects are now expected to be brought before Justice Muteti in open court on September 29 for plea-taking.