The High Court has allowed the reopening of pre-bail proceedings in the murder case of Dr Victoria Mutiso, paving the way for Prof David Ndetei to be cross-examined over an affidavit opposing the release of his former wife, Rose Mulwa, and their two children on bail.
Justice Alexander Muteti granted an application by the three accused persons, who challenged the authenticity of an affidavit sworn by Ndetei on October 5, 2026.
The defence filed the application on October 9, questioning whether the professor had personally sworn the affidavit and alleging that it contained forged information.
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Through their lawyers, the accused also questioned Ndetei’s condition at the time the affidavit was prepared, claiming he was indisposed.
The court scheduled the cross-examination for Wednesday, October 21, 2026, when Ndetei is expected to appear before Justice Muteti to respond to the issues raised by the defence.
The affidavit was filed in opposition to the bail application by Mbithe and her children, Chris Mulwa and Angela Mulwa.
In the affidavit, Ndetei argued that releasing the three accused persons could expose him and his family to threats and intimidation.
The accused persons dispute those allegations and have challenged the circumstances surrounding the preparation and swearing of the document.
The cross-examination is expected to examine the questions raised by the defence before the court determines the accused persons’ bail application.
The allegations of forgery and questions about the affidavit remain disputed matters before the court; they have not been established as facts by the information provided.
Dr Victoria 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 reportedly brought to light a long-running property dispute involving Ndetei and Mbithe, who divorced in 2001.
The latest court decision concerns the pre-bail proceedings and the affidavit opposing the release of the three accused persons. The court is expected to consider the issues raised during cross-examination before making a further determination on bail.
