Rose Mbithe Mulwa who is charged alongside six others over the murder of her former co-wife Dr Victoria Mutiso, wants to cross-examine her ex-husband Prof David Ndetei over his stand to oppose her release on bond.
This dramatic turn of events has sunk deeper her chances of knowing her bail fate in the near future although her lead lawyer Joel Mbaluka Kyatha is pressing hard to have her freed saying she is not a flight risk.
Trial judge Justice Alexander Muteti had sloted October 19, 2026, as the day of deciding the accused persons bail application.
"Now that Rose Mbithe Mulwa has re-opened this matter by introducing fresh issues the bail application ruling will be stood over untill a later date after a decision is rendered whether to summon Prof Ndetei or not," ruled Justice Muteti on October 9,2026.
Agitating for Prof Ndetei to be summoned , Mbaluka claimed that the top mental medic is not capable of deponing an affidavit due to a health challenge.
Ms Mulwa, who is 76 years old, claims her former husband is admitted at the HDU and not capable of making an affidavit and therefore the one presented to court is not authored by him.
The fresh application has elongated the period when the court will determine the accused person's bail application. They will now stay longer in prison.
Ms Mulwa who is charged alongside her two children Chris and Angella, told Justice Alexander Muteti that “Prof Ndetei is not capable of swearing an affidavit due to a mental health challenge.”
Through her lawyer Joel Mbaluka, Ms Mulwa claims that the affidavit filed by her former husband whom they divorced over 20 years ago “was sworn by someone else.”
“My instructions are that Prof Ndetei is admitted at the High Dependency Unit-HDU- at a city hospital and therefore he could not have sworn the affidavit in opposition to me being released on bond,” said Mr Mbaluka for Ms Mulwa.
Mbaluka is the lead lawyer in the murder case pitting, Ms Mulwa, Chris, Angella, police constables Collins Bett and Elijah Kimoi , Kimutai Maritim and Pius Muiru.
The seven are charged with murdering Dr Victoria Mutiso on July 29, 2026, along Mawensi Road in Kilimani Nairobi.
Urging the judge to summon Prof Ndetei, Mr Mbaluka stated “we want to cross-examine the deponent of the affidavit in opposition to the release of Ms Mulwa and her children on bond.
Besides Prof Ndetei being ordered to appear in court, Ms Mulwa further urges the court to compel the Independent Policing Oversight Authority (IPOA) to investigate their claims that they were tortured by police who investigating the murder of Dr Mutiso.
The bid to summon Prof Ndetei was vehemently opposed by prosecuting counsel Jalson Makori and Gikui Gichuhi saying the accused are introducing the issue when they have closed their submissions seeking to be freed on bond.
“This application comes too late in the day and there is no window to introduce new matters,” Mr Makori submitted urging the court to decline the request.
Further he said Ms Mulwa and her children have raised the new claims through the lawfirm of B M Mutinda & Co. Advocates including a letter, whose details he did disclose in open court.
Urging the judge to decline the request to gain access to Prof Ndetei, Mr Makori submitted the issues which the accused want to put to her ex-husband will be addressed by the pre-bail report he has called for.
The judge heard that the accused should not be given the latitude to direct how IPOA should conduct its affairs.
However, Mr Mbaluka insisted Prof Ndetei be summoned so that the court may satisfy itself that “it is actually him who swore the affidavit relied upon by the DPP to oppose the release of his ex-wife on bond.”
Giving directions Justice Muteti said the new application has re-opened already a closed matter on bail.
He pushed to a future date the day he will deliver a ruling on whether to release the accused on bond or not.
“I will rule on October 19, 2026, whether to summon Prof Ndetei or not before I determine whether to free the accused on bond or not,” Justice Muteti stated.
He further directed Rose, Angella and Chris be escorted by prison authorities to get treatment at the prison clinic
In the contested affidavit, Prof Ndetei has urged the judge not to release his ex-wife and her two children on bond fearing for his life.
Prof Ndetei says after divorcing Rose Mbithe Mulwa alias Rose Mbithe Ndetei in 2001 and marrying Dr Victoria Mutiso 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 Mulwa has constantly threatened him.
“That the 1st accused person (Rrose mbithe) is an imperioud 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 Mulwa and him), I have real and genuine fear that if released on bond , the accused person 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 safety 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 KES 1.5 billion 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 discloses.
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