The High Court has allowed the reopening of pre-bail proceedings in the murder case of Dr Victoria Mutiso, paving the way for the cross-examination of Professor David Ndetei over an affidavit opposing the release of his ex-wife, Rose Mulwa, and their two children on bail.
Justice Alexander Muteti granted the application by the three accused persons, who have challenged the authenticity of the affidavit sworn by Prof Ndetei on October 5, 2026.
The defence filed the application on October 9, questioning whether the professor personally swore the affidavit and alleging that the document contained forged information.
Through their lawyers, the accused also questioned Prof Ndetei’s mental state at the time the affidavit was prepared, claiming he was indisposed.
The court has scheduled the cross-examination for Wednesday, October 21, when Prof Ndetei is expected to appear before Justice Muteti to respond to the questions raised by the defence.
The affidavit was filed in opposition to the bail application by Mbithe and her children, Chris Mulwa and Angela Mulwa. Prof Ndetei argued that their release could expose him and his family to threats and intimidation, allegations the accused persons dispute.
The latest application has added another layer to the bail proceedings, with the court now set to examine the circumstances surrounding the preparation and swearing of the affidavit before determining the accused persons’ application for release.
Dr Mutiso, a clinical psychologist and researcher, was shot dead on July 29, 2026, along Mawensi Road in Nairobi’s Kilimani area.
Seven people have been charged in connection with her murder, including Mbithe, her two children and four other suspects.
Investigations into the killing have so far revealed a long-running property dispute involving Prof Ndetei and Mbithe, who divorced in 2001.
