The 2027 presidential aspirant and her son will remain in police custody until Monday, 3rd July 2026, before the court rules on whether they will be granted bail or detained for 30 days as the prosecution had requested.
The Directorate of Criminal Investigations (DCI) Homicide Bureau had requested a 30-day extension to continue holding the two individuals.
Appearing at the Milimani Law Court on July 31, 2026, before presiding magistrate Geoffrey Onsarigo, the DCI sought an extension of 30 days to keep the suspects linked to the brutal murder of the former African Institute of Mental and Brain Health Director, Dr. Victoria Nthunya Mutiso, in custody.
According to a supporting affidavit sworn by Corporal Romana Odour, police investigations suggest the crime may have been sparked by a longstanding land dispute and a campaign of death threats that preceded the shooting.
The suspects, Rose Mbithe Mulwa (also known as Rose Mbithe Ndetei) and Chris Mulwa, were arrested during an intelligence-led operation in Karen and subsequently booked at Kilimani and Kibera Police Stations.
Court documents reveal that Rose, a presidential aspirant for 2027 who had previously run for Machakos gubernatorial seat, is the ex-wife of Dr. Victoria’s husband, having divorced in 2001.
Chris Mulwa is one of their four children and according to his counsel, Danstan Omari he runs a law firm .
The affidavit indicates that preliminary investigations point to the murder being linked to a property dispute involving land at Mlolongo Weighbridge in Athi River Sub-County.
Odour explained that the first suspect, Rose Mbithe, had filed a civil suit at Machakos Law Courts seeking ownership of the land, with Dr. Victoria listed as the third defendant.
The dispute resulted in the eviction and demolition of property belonging to the deceased’s family. Shortly after the eviction, Dr. Victoria reportedly began receiving threats to her life and was repeatedly trailed by unknown men on motorbikes while driving. On July 7, 2026, while driving along Ngong Road near Junction Mall, two unknown men on a motorbike pointed a gun at Dr. Victoria and tried to shoot her.
She managed to escape and reported the incident to Kilimani Police Station. She later informed police and her husband that she had identified the pillion passenger trailing her as the second suspect, Chris Mulwa.Another incident was reported on July 27, 2026, when she was allegedly again trailed by motorbike riders while heading from her home to her office.
Tragically, on July 29, 2026, within Upper Hill in Kilimani Sub-County, Dr. Victoria was riding in an Uber when unknown gunmen trailed her and shot her dead.
Following her murder, a multi-agency team took over the case, documenting the scene and recovering two spent cartridges and a bullet head, which have been forwarded to the National Forensic Laboratory.
The vehicle involved has also been detained pending forensic analysis.When arresting Chris Mulwa, investigators recovered crucial materials belonging to the deceased, leading detectives to believe that Chris shared these exhibits with the hitmen before the murder.
In urging the court not to grant bail, the DCI cited several compelling reasons under Article 49(1)(f) and (g) of the Constitution.
Corporal Odour explained that the actual shooters and the motorcycle rider remain at large. Investigators believe the suspects possess information about their identities and whereabouts, and releasing them could risk their escape or destruction of evidence.
The officer also noted that ballistic analysis, CCTV footage review, call data records (CDRs), exhibit testing and the post-mortem examination are still ongoing.
Additionally, the deceased’s husband, a key identifying and principal witness, is in a fragile emotional state due to trauma and has yet to give a complete statement regarding the prior threats.
Odour emphasized concerns for the suspects’ safety, citing high public interest and outrage surrounding the murder. Releasing them could expose them to retaliation or mob justice.
Lastly, she mentioned that the suspects are yet to undergo mental assessments to determine their fitness to stand trial. The DCI plans to forward the complete investigation file to the Director of Public Prosecutions (DPP) for formal charges of murder and related land fraud offenses once investigations are concluded.
However, their counsel, led by Danstan Omari, requested the court release them on cash bail or bond, arguing that remand poses severe risks. He asserted that police cells are unsafe environments and that placing unconvicted individuals in prison is legally inappropriate at this stage.
Since the law recognizes only police stations and prisons for detention, Omari argued that releasing the accused on bail is the only viable option.
“And because the law only recognizes two institutions for holding people in conflict with the law that is, prison and the policethey cannot be taken to a prison. Therefore, I lay the basis that you release them on bail,” Omari stated.
Beyond custodial conditions, Omari emphasized the circumstances of both defendants. The first suspect, an elderly senior advocate, qualifies for protections under the constitution for marginalized groups and the Judicial Sentencing Policy Guidelines regarding age.
Omari warned of the health and life risks of incarcerating elderly individuals. Furthermore, as a declared 2027 presidential candidate under Article 38 of the Constitution and a former Machakos gubernatorial candidate, her prosecution was framed as a political attempt to exclude her from the ballot.
“Your Honor, the first respondent is a presidential candidate for 2027. She has declared an interest pursuant to Article 38 of the Constitution to stand for the position of President of Kenya. And this is a scheme to bar her from the ballot. The daughter’s counsel has said she contested for the governor’s seat in Machakos. Grant her bail.”
He also dismissed any motive related to a past relationship, noting she was divorced from the deceased 20 years ago when her son was a toddler.”Your honor, she was divorced 20 years ago. She can’t be bitter 20 years ago. The son was a toddler; it’s not now they can decide to revenge after 20 years.”
Regarding the second respondent, Omari highlighted his status as a fellow officer of the court and head of a law firm.”Incarcerating him would directly strip his clients of their right to access justice. I urge the court to allow him to practice his law on the principle that he is innocent until proven guilty.
The second respondent is a classmate of mine, and I am conflicted. We went to school together, did law together, admitted together. He runs a law firm. He’s an officer of this court.”
“An attempt to incarcerate him would deny his clients access to justice, and they might think he’s on strike when he’s incarcerated. Allow him to practice his law on the principle that he is innocent until proven guilty.”
However, the prosecution urged the court to dismiss the submissions by the suspects’ lawyers, stating they lacked merit and constitute an abuse of court process.
They argued that rights to bail under Articles 49 and 51 of the Constitution are not absolute, nor is bail an automatic right only the rights under Article 25 are absolute.
Fully complying with Section 36A of the Criminal Procedure Code, the prosecution clarified that the respondents were arrested on July 30th (not July 29th), lawfully booked under clear OB numbers, and held in police custody.
Addressing witness safety, the state emphasized that key witnesses members of the deceased’s family and individuals involved in a longstanding land dispute are well known to the respondents and highly vulnerable. Any coercion or intimidation could severely prejudice ongoing investigations led by the Homicide Division.
The prosecution maintained that mere reporting conditions would not serve justice, given the gravity of the case. Furthermore, the state argued that the respondents pose a high flight risk, given the investigation involves a capital offense the murder carrying severe penalties.
The investigation’s multi-agency effort, with a complex forensic timeline and broad geographic scope, makes effective action impossible unless the suspects remain in custody.
In his running, Onsarigo stated that he will render his decision on Monday, August 3rd, 2026, at 3:00 p.m.
He however ordered that the first suspect to be remanded at Kilimani Police Station, while the second suspect be held at Kileleshwa Police Station.
To address health and administrative needs, he directed that if either respondent requires any medication, their family members are permitted to deliver it to them through the Officer Commanding Station (OCS) of their respective detention centers.
Additionally, Onsarigo ruled that both respondents are at full liberty to contact their respective legal counsels without any limitations.
