Court detains mother and son for 21 days in Dr Victoria Mutiso's murder probe

 A Nairobi court has ordered prime suspects Rose Mbithe and her son Chris Mulwa to remain in custody for 21 days as detectives continue investigations into the murder of Dr Victoria Mutiso.

In a ruling delivered on Monday, Milimani Magistrate Geoffrey Onsarigo allowed the Directorate of Criminal Investigations and the Director of Public Prosecutions application to continue holding the two in custody for three more weeks to complete the probe, citing the risk of witness interference and the need to protect the integrity of the probe.

The magistrate found that the prosecution had demonstrated compelling reasons to justify the continued detention of the two suspects before they are formally charged with murder.

The court held that the alleged circumstances surrounding the murder, including a reported previous attack, alleged threats and the relationship between the suspects and the deceased, raised concerns that could affect investigations if the suspects were released.

“Taking into account all the above-mentioned circumstances, when considered cumulatively, are highly relevant to the court’s assessment of the prosecution’s contention that there exists a real and substantial risk of witness interference,” Magistrate Onsarigo ruled.

The court noted that interference with witnesses is a serious threat to the administration of justice and can justify limiting a person’s right to liberty.

The prosecution had argued that releasing the suspects could compromise investigations and expose witnesses to possible interference.

Magistrate Onsarigo observed that while the seriousness of the offence alone cannot justify continued detention, the possibility of interfering with witnesses remains a critical consideration.

“The seriousness of the offence standing alone does not necessarily constitute a compelling reason for the denial of bail,” the court held.

The magistrate further considered the relationship between the suspects and Dr Mutiso, noting that Mbithe and Mulwa are mother and son.

“It is common ground that the first and second respondents are mother and son respectively,” Onsarigo stated.

The court also considered allegations that Dr Mutiso had previously reported an attempted attack before her death, with investigators claiming that Mulwa had been identified in the report. However, the court found that the allegations remain untested.

“This allegation is however, yet to be tested through the evidential process and must at this stage be treated as an allegation,” the magistrate ruled.

The court further found that the existence of a previous land dispute involving the parties was a relevant factor in assessing the risk of interference with justice.

Onsarigo cautioned that the court was not determining the guilt or innocence of the suspects at this stage, but only whether there were sufficient reasons to allow investigators more time.

“The question before the court is not whether the respondents are guilty of the offences under investigation, but whether the material before it discloses compelling reasons sufficient to justify the exceptional step of depriving them of their liberty,” the court ruled.

According to DCI, the former Director of the African Institute of Mental and Brain Health was fatally shot on July 29, 2026, while travelling in an Uber vehicle, registration KDJ 609D, along Ralph Bunche Road in Nairobi's Upper Hill area after being trailed by unknown assailants riding on a motorcycle.

The investigating officer further disclosed that detectives have already identified the suspected gunman and the motorcycle rider believed to have carried out the shooting and are actively pursuing their arrest.

In an affidavit by Corporal Romana Odour of the DCI's Homicide Bureau also sought orders that Mbithe be detained at Kilimani Police Station while her son Mulwa at Kileleshwa Police Station for the duration of the investigation.

Corporal Odour told the court that detectives are yet to conclude investigations, saying they still need more time to apprehend additional suspects believed to have participated in the killing, record statements from key witnesses, undergo a mental assessment, complete pending forensic examinations and analyse electronic and documentary evidence recovered during the investigation.