Murder suspects, Rose Mbithe Mulwa and her son, Chris Mulwa will remain in police custody for 21 days to allow detectives to complete investigations into the murder of Dr. Victoria Mutiso.
The court ruled that prosecution had demonstrated compelling reasons to justify their continued detention before they are formally charged.
In a detailed ruling, Principal Magistrate Geoffrey Onsarigo held that although Article 49(1)(f) of the Constitution safeguards the right to liberty, it also permits courts, in appropriate circumstances, to authorize the continued detention of suspects where the prosecution establishes compelling reasons.
The prosecution, through the Directorate of Criminal Investigations (DCI), sought custodial orders against Rose Mbithe Mulwa, the first respondent, and her son Chris Mulwa, the second respondent, arguing that they are being investigated for the murder of Dr. Victoria Mutiso.
The State submitted that the offence is grave, investigations are ongoing, there is a likelihood of interference with witnesses, and releasing the respondents at this stage would prejudice investigations.
It also cited concerns over the respondents’ safety due to the public interest generated by the case. According to investigators, the case stems from the fatal shooting of Dr. Victoria Mutiso on July 29, 2026, following what detectives described as a series of events dating back several weeks.
The investigating officer told the court that before her death, Dr. Mutiso had reported an alleged attempted attack on July 7, 2026, while driving along a road near Junction One.
It is alleged that two men riding on a motorcycle approached her and attempted to shoot her before she managed to escape and report the incident at Kilimani Police Station.
The officer further informed the court that in her report, Dr. Mutiso allegedly identified Chris Mulwa, the second respondent, as the pillion passenger on the motorcycle involved in the attempted attack.
Investigators also told the court that Rose Mbithe Mulwa is the widow of the deceased’s late husband and that there has been a long-standing land dispute involving the parties, which is the subject of proceedings before the Environment and Land Court in Machakos.
While acknowledging these allegations, Magistrate Onsarigo emphasized that they remain untested and should not be construed as findings of fact or evidence of guilt at this stage of the proceedings.
In determining the application, the magistrate observed that the seriousness of the offence alone cannot constitute a compelling reason to deny liberty.”The gravity of an offence is a relevant consideration, but it does not, standing on its own, justify the continued detention of a suspect,” the court held.
The court, however, found greater significance in the prosecution’s argument regarding the likelihood of interference with witnesses.
Relying on established judicial precedents, Magistrate Onsarigo noted that interference with witnesses strikes at the heart of the administration of justice and, where supported by evidence, amounts to a legitimate ground for limiting an individual’s constitutional right to liberty.
The court further considered the relationship between the respondents, who are mother and son, the relationship between the first respondent and the deceased, the history of the land dispute, and Dr. Mutiso’s earlier report allegedly implicating Chris Mulwa in the attempted attack.
The magistrate held that although the court was not determining the guilt or innocence of the respondents, the material presented established a sufficient factual basis to assess whether compelling reasons existed for their continued detention.
On the issue of public safety, the court rejected the prosecution’s submission that the respondents should remain in custody for their own protection because of the public attention surrounding the case.
Onsarigo stated that safeguarding the security of suspects is the constitutional responsibility of the State and should not, without evidence of actual threats, be used as a basis for limiting an individual’s liberty.
After evaluating all the material placed before the court, Magistrate Onsarigo concluded that the prosecution had demonstrated compelling reasons to warrant the continued detention of the respondents.
The court found that the sequence of alleged events from the reported attempted shooting, the alleged threats against Dr. Victoria Mutiso, and her eventual killing presented a factual matrix that raised legitimate concerns about possible interference with witnesses and the integrity of the ongoing investigations.
“The totality of the material before the court discloses compelling reasons sufficient to justify the exceptional step of temporarily limiting the respondents’ liberty pending completion of investigations,” the magistrate ruled.
The court consequently directed that Rose Mbithe Mulwa be remanded at Kilimani Police Station, while Chris Mulwa be detained at Kileleshwa Police Station for 21 days to enable investigators to complete their inquiries.
The matter will be mentioned upon the expiry of the detention period for further directions, including the outcome of investigations and any decision by the prosecution on whether to prefer charges.
