A mother and her two children charged with the murder of her former co-wife Dr Victoria Mutiso have written to President William Ruto over the manner in which the Director of Public Prosecutions (DPP) and Police are conducting the trial.
In the letter copied to the Cabinet Secretary for Interior and National Administration Kipchumba Murkomen, Rose Mbithe Mulwa alias Rose Mbithe Ndetei accuse police of torturing them and discriminating against them.
She alleges out of the 10 suspects arrested over the cold-blooded murder of Dr Mutiso the "Kalenjins and Kikuyus were given preferential treatment while the Kambas were delt with an iron fist".
She alleged that a suspect Daniel Njoroge Mwangi is a relative of the lead investigator Clement Mwangi and is being given special treatment while she and her children are being shown the dust.
She claimed the Kalenjins and Kikuyu suspects were detained for 30 days while she and her children were detained for 60 days.
Before the trial Judge Alexander Muteti, Rose alleged she was tortured to the extent that her urine contains blood particles.
Rose, 75, alleged her blood pressure is high and cannot access medical attention thereby asking the judge to free her on bond and she "is ready to be reporting to the court daily."
The trial was thrown into doldrums when five defense lawyers quit in a huff and the accused persons writing to the President and pouring out damning allegations against Police and the DPP.
Prosecuting counsel Jalson Makori teaming up with Ms Gikui Gichuhi, disclosed to the trial Judge Justice Alexander Muteti, the accused have written to President Ruto accusing the police of torturing and discriminating against them.
Mr Makori who did not avail a copy of the letter to the court, said DPP Renson Ingonga, who has also been mentioned in bad light alongside the police, is studying it to respond.
Mr Makori, who applied for 14 days to respond to the issues raised in the damning letter, said it has been copied to CS Murkomen, Head of Public Service Felix Koskei, the Inspector General of Police (IGP) Douglas Kanja, the Director Criminal Investigations Mohamed Amin, the Attorney General and the director Independent Policing Oversight Authority (IPOA) among other high ranking officials.
“In the letter, the accused claim they were tortured and discriminated against by the police during their 60 days in custody,” Mr Makori stated.
The lawyers bolted out of the proceedings soon after all the five Rose, her children Chris and Angella, Police Constable Elijah Kibellion Kimoi and Martim Kimutai alias Kim denied the offence of murdering Dr Mutiso on July 29, 2026.
Defense lawyers Cliff Ombeta, Danstan Omari, Martina Swiga, Sam Nyaberi and Shadrack Wambui applied to withdraw from the case claiming “the accused were making an application to the court without involving them.”
At the same time Rose, Chris and Angella engaged a new lawyer Joel Kyatha Mbaluka, who urged Justice Muteti to release the accused on bond.
“We are not pulling in the same directions. Rose, Chris and Angella are doing their own things and I plus my colleagues cannot continue representing them. Remove me and my colleagues from the representation. We are leaving now,” Mr Ombeta stated.
His sentiments were echoed by Ms Swiga and Nyaberi who held Mr Omari and Wambui’s brief.
Mr Ombeta was angered by learning that the accused had filed an application for their release on bond behind their backs.
Reacting to the move by the five lawyers to abandon them, Rose Mbithe said, “We (Rose, Chris and Angella) are discouraged the lawyers are abandoning us at the hour of need and when we need them most.”
She disclosed the lawyers did not visit her at prison to get instruction on the many issues at play.
Rose claimed she and her children have been tortured by police.
“The application by the prosecution to be given 14 days to respond is a furtherance of the move to ensure we stay in custody for a long time,” Rose stated.
She further alleged she is not before court for murder of her former co-wife (Dr Mutiso) but due to the long drawn land dispute listed for further hearing in October at the Machakos High Court.
She alleged that she quit her quarter century marriage with reknowned top psychiatrist Prof David Ndetei due to violence.
“I quit my marriage not because of women but because of violence,” the 75-year-old mother of four claimed in court.
She alleged she encouraged her former husband to marry as many women as possible to save her from repeated violence.
She said she is sickly and urged the judge “to show mercy and pity to me and my children.”
She claimed that the IG gave her 20 police officers to evict Dr Mutiso from the Mlolongo disputed property.
“Police are the ones who carted away documents and drove the high end vehicles from the compound of the deceased to Karen,” Rose claimed.
She added that she even saw police torture a suspect PC Kimoi to confess that her son (Chris) is the one who pulled the trigger to kill Dr Mutiso.
She however did not oppose the five lawyers quitting the case.
Chris and Angella did not also oppose Omari and others withdrawing from the case.
They however claimed they were tortured and witnessed police “inflicting torture to their mother who is now sickly.”
In a ruling, Justice Muteti allowed the lawyer to withdraw from the case and directed the prosecution to file an affidavit within three (3) days to respond to the allegations made against police on torture and discrimination by the accused.
He also directed Mr Mbaluka to respond to the affidavit by the investigating officer Corporal Romana Oduor opposing the release of the accused persons whom she says were involved in the meticulous planning and execution of Dr Mutiso.
The judge directed the bail application be argued on October 6, 2026.
The accused were remanded in prison custody.
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