The Milimani High Court was on Wednesday told that Rose Mbithe Mulwa, also known as Rose Mbithe Ndetei, and her daughter, Advocate Angella Mulwa, have declined to attend proceedings virtually in connection with their case.
On August 27, 2026, Justice Kanyi Kimondo ordered that the pair, who are linked to the killing of Dr Victoria Nthunya Mutiso, undergo a psychiatric assessment at Mbagathi Mental Hospital or another suitable facility in Nairobi before they enter a plea to the murder charges.
The court consequently postponed the taking of pleas until September 23, 2026, and directed that the matter be heard by Justice Alexander Muteti.
When the case came before Justice Muteti on Wednesday, a Lang’ata Prison officer informed the court that the two suspects had refused to appear via video link.
“My lord, the two have refused to appear before court virtually,” the officer stated.
Justice Muteti observed that Justice Kimondo had already ordered the suspects to attend virtually and that they had no right to refuse.
Defence counsel Danstan Omari, part of the legal team representing the accused, apologised for their clients’ behaviour.
“My lord, they have no power to direct the court. We apologise for that,” Omari told the judge.
During the hearing, the Director of Public Prosecutions, represented by Deputy Director Jalson Makori, indicated that an application would be made to consolidate the files.
The prosecution intends to join the case against Police Constable Elijah Kibelion Kimoi with those of Rose Mbithe, Chris Mulwa and Angella Mulwa.
The court was further informed that Maritim Kimutai, also known as Kim, is to face charges alongside the four.
Justice Muteti adjourned the matter to Thursday at midday and ordered that all the suspects be produced in person for the taking of pleas.
He directed that Kimutai be held at Industrial Area Remand Prison until that date.
In earlier proceedings, Justice Kanyi had prohibited the suspects from making any public comments on the case until a determination had been made as to their mental fitness to plead.
“The High Court has been informed of the charge of murder. However, they need not make any comment or plead to any charge until they undergo mental assessment at Mbagathi or any other hospital within Nairobi County,” he ruled.
According to the DPP, on July 29, 2026, at approximately 9:30am along Mawensi Road in Kilimani Sub-County, Rose Mbithe, her two children and other persons not yet before the court murdered Dr Nthunya Mutiso.
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