Rose Mbithe and her children to know fate of bail applications in December

Rose Mbithe and her children at the Milimani Law Courts. [David Gichuru, Standard]

The High Court will, on December 3, deliver a consolidated ruling on bail applications by Rose Mbithe, her children and four others charged with the murder of Dr Victoria Nthunya Mutiso.

Justice Alexander Muteti set the date on Wednesday after the prosecution and defence clashed over delays in preparing pre-bail reports for the accused persons, who have been in custody for 120 days since their arrest.

The judge directed the probation department to file the reports by November 16, saying the court would proceed with its ruling whether or not the documents were ready.

“I will deliver the ruling on bail on December 3, 2026, with or without the reports so that the probation office does not hold this court back,” Justice Muteti directed.

The probation department had sought two more weeks to complete investigations into the backgrounds of the accused persons, saying it was yet to collect community information from areas where they come from.

The probation officer told the court that some of the accused persons are police officers serving in different stations, necessitating interviews with their colleagues and superiors.

The officer said the department had already interviewed their bosses but required more time to complete the investigations and file the reports.

The request was opposed by defence lawyers, who argued that the accused had already spent 120 days in custody and that there was no justification for further detention.

The defence was led by Lawyer Joel Mbaluka, representing Mbithe and her children, who said probation officers had interviewed the accused persons and their family members, with three of them interviewed within three days of the previous court appearance.

Lawyer Mbaluka also applied to have the bail applications by Mbithe and her children separated from those of the other accused persons.

Mbithe, who personally addressed the court virtually from Langata Women's Prison, told the court that she and her children had lived in Karen, Nairobi, for decades, questioning the need for further investigations into their community ties in Machakos.

“I left Machakos in 1969, I have never gone back, and nobody knows me on that side, and I have lived in Nairobi for the longest time. My four children have never lived even one day in Ukambani, Machakos, so the residence and community is Karen and they are not known anywhere else,” she told the court.

She added that she had provided probation officers with contacts of her neighbours in Karen to facilitate their investigations.

State prosecutor Victor Owiti opposed the request to separate the bail applications involving Mbithe and her children, Angela and Chris Mulwa and co-accused persons.

Owiti argued that the additional time sought by probation officers was in the interest of justice to ensure all relevant information about the accused persons was presented before the court.

The judge, however, maintained that the outstanding reports would not delay the determination of the bail applications, setting December 3 as the date for a consolidated ruling.