The High Court has been urged by Prof David Musyimi Ndetei not to free his ex-wife on bond in the murder case against her saying he fears for his life.
Prof Ndetei told Justice Alexander Muteti that him and other witnesses are at a high risk if he releases Rose Mbithe and her two children Chris and Angella on bond.
Through two prosecuting counsel Gikui Gichuhi and Jalson Makori, Prof Ndetei told the judge he knows his former wife very well that “she is an imperious individual”.
In hard hitting affidavit Prof Ndetei says after divorcing Rose Mbithe Mulwa alias Rose Mbithe Ndetei in 2001 and marrying Dr Victoria Mutiso the his estranged wife and her two children continued to threaten them.
“That after the dissolution of the marriage I married Dr Mutso. That I confirm that we were continually threatened by the accused ( Rose Mbithe Mulwa her son Chris and Angela) and those threats eventually culminated into the death of my wife,” Prof Ndetei states in the affidavit presented to Justice Alexander Muteti by prosecuting counsel Gikui Guchui and Jalson Makori.
Prof Ndetei told the judge that Rose Mbithe has constantly threatened him.
“That the 1st accused person (rose mbithe) is an imperious individual who has constantly threatened me,” Prof Ndetei states in the affidavit handed over to Justice Muteti on October 6,2026.
Prof Ndetei, further states : “because of the history between us ( rose mbithe and him), I have real and genuine fear that if released on bond , the accused persons acting individually or together will contact, intimidate, bribe or otherwise influence witnesses against me, so as to affect the evidence given at the trial. I also fear for my own sadety and that of my family.”
Rose Mbithe has been charged alongside two police officers with murdering Prof Ndetei’s wife Dr Victoria Nthunya Mutiso.
In the affidavit opposing the release of his divorced wife (Rose) and her two children on bond Prof Ndetei claims they are a threat to his life.
He adds that they evicted him from the Sh1.5billion developed Mlolongo Property and for 30 years they
“I urge this court not to release my ex-wife and her two children on bond. I am fearing for my life. For the last 30 years they have been a threat,” Prof Ndetei says in the affidavit presented to Justice Alexander Muteti who is trying Ms Mulwa and six others for the heinous murder of clinical psychiatrist Dr Victoria Nthunya Mutiso.
Among the seven are two police officers Police Constables Elijah Kimoi and Collins Bett.
Others are Martim Kimutai alias Kim and Pius Muiru.
All the seven Rose Mbithe, her children Chris and Angela (both advocates), PC Kimoi and PC Bett (who was repatriated from Uganda where he had gone to hide after the brutal killing of Dr Mutiso), Kimutai and Muiru denied a joint for murdering Dr Mutiso on July 29,2026 9.30am along Mawensi Road within Kilimani Nairobi.
Opposing their application for release on bond Prosecuting Counsel Jalson Makori and Gikui Gichuhi told Justice Muteti that the accused will interfere with witnesses as there are other suspects being pursued by police over the death of the former countrys top mental medics.
Prof Ndetei urged Justice Muteti to take judicial notice “that during the present proceedings Rose Mbithe has had outbursts where she has constantly nade derogatory and unpalatable remarks against me, my deceased wife and the family.”
The former husband to Rose Mbithe underscored that all the seven suspects charged over the killing of his wife are closely connected and coordinated with each other.
Prof Netei states that animosity begun to brew when Rose Mbithe lost the Sh1.5billion land dispute at the Machakos High Court.
She never appealed against decision to dismiss her case in which she was seeking to be declared the bonafide owner of the 20 acre-parcel of land.
On allegations by the seven accused that they were tortured and coerced to confess they killed Dr Mutiso, Ms Gichuhi and Makori distanced police from blame saying none reported about the incident to any police station.
The judge heard the accused never reported about the torture claims.
The lead investigating officer ASP Clement Mwangi, in an affidavit filed before Judge Muteti stated “I did not give instructions to any of the officers investigating this case torture any of the suspects to implicate each other.”
The prosecution told Justice Muteti the allegations by the accused on torture are far0fetched and an after-thought.
The prosecution urged the judge to deny them bond as the accused conducts betray them. PC Bett had fled to Uganda while PC Kimoi who had been charged with murder in 2012 and acquitted alongside five others had gone into hiding after the killing of Dr Mutiso.
Muiru had also fled to Uganda from where he was fished out alongside Muiru and another person Daniel Mwangi.
However, defense lawyer Joel Mbaluka for Rose, Chris and Angela urged the judge to reject the DPP’s objection to the release of the accused on bond saying the prosecution's opposition was speculative.
Mr Mbaluka urged the court to uphold the presumption of innocence under Article 50(2)(a), cautioning against what he termed as anticipatory sentencing based merely on the gravity of the offence.
He stressed that denying liberty requires hard evidence rather than speculation, conjecture or "assassination."
He said Rose, 76 years old and in frail health, resides in Karen with her two adult children and not a flight risk.
He said she has never failed to comply with any court order.
Mbaluka described Ndetei's affidavit opposing bail—filed late by the prosecution—as filled with malice, hatred and vitriol, sworn in order to achieve continued detention.
Rose's own affidavit, he said, shows where the vendetta stems from court orders obtained by the first three accused to evict Ndetei and the late Dr Mutiso from a piece of land.
He said Rose, Chris and Angella do not know who the witnesses are, and therefore pose no risk of interference if released.
He said Rose and her children require advanced medical attention unavailable in custody and are willing to comply with reasonable terms, including depositing their passports.
Angella, counsel noted, is a sole breadwinner and single mother of two.
Hearing continues.
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