The Director of Public Prosecutions (DPP) has opposed bail for seven people charged with the murder of psychiatrist Dr Victoria Mutiso, citing concerns over the safety of witnesses and their families and the integrity of ongoing investigations and the trial.
The prosecution made the submissions before Justice Alexander Muteti, urging the court to keep the seven accused persons in custody as the murder case proceeds.
The prosecution team, led by Deputy Director of Public Prosecutions (DDPP) Jalson Makori and assisted by Senior Assistant Director of Public Prosecutions Wangui Gichui, Assistant Director of Public Prosecutions Pauline Muthuri and Prosecution Counsel Lydia Chelogoi, told the court that the accused persons allegedly have the means and influence to interfere with witnesses and the criminal justice process.
Prosecution cites coordination
The DPP told the court that the accused persons allegedly maintained a high level of coordination before, during and after the killing.
According to the prosecution, the alleged coordination involved “surveillance, intelligence gathering, procurement of criminal implements, tactical execution, concealment, and financial and logistical support.”
The prosecution argued that the alleged organisation of the operation raises concerns about possible interference with witnesses and their families if the accused are released on bail.
The DPP further urged the court to consider whether releasing the accused could compromise investigations or affect the integrity of evidence and the eventual trial.
Seven charged with murder
The accused are Rose Mbithe Mulwa, her children Chris Mulwa and Angela Mulwa, police officers Elijah Kibelion Kimono and Collins Bett, Martim Kimutai and Pius Muiru Mbugua.
All seven have pleaded not guilty to the murder charge.
The prosecution alleges that the seven, jointly with other people who have not been brought before the court, murdered Dr Mutiso at about 9:30am on July 29, 2026.
The alleged murder took place along Mawensi Road in Kilimani Sub-County.
The prosecution’s case is that the circumstances surrounding the alleged killing and the conduct attributed to the accused justify restrictions on their release while the proceedings continue.
Witness protection at issue
A central part of the DPP’s objection to bail is the protection of witnesses and their families.
The prosecution told Justice Muteti that the accused persons’ alleged access to resources, influence and coordination could create a risk of interference with witnesses.
The court must therefore consider the prosecution’s concerns alongside the accused persons’ constitutional right to liberty and the principle that an accused person is presumed innocent until proven guilty.
The DPP has asked the court to find that the circumstances presented in the case provide sufficient grounds to deny bail.
Court to determine bail
Justice Muteti will consider the prosecution’s objections as he determines whether the seven accused persons should be released pending trial.
The DPP’s submissions place witness safety, the protection of evidence and the integrity of the proceedings at the centre of the bail dispute.
The accused persons remain presumed innocent unless the prosecution proves the murder charge against them beyond reasonable doubt.
The case will now proceed as the court considers the bail applications and the prosecution’s concerns over the alleged circumstances surrounding Dr Mutiso’s death.
