The husband of the late Dr Victoria Mutiso has opposed the release on bail of five people charged with her murder, arguing that their freedom could expose him, his family and prosecution witnesses to intimidation and interference.
In an affidavit filed before the court, David Ndetei said he was directly affected by the case and alleged that he had received threats from some of the accused persons before his wife’s death.
Ndetei said he was previously married to the first accused, Rose Mbithe Mulwa, with whom he has two children, Chris and Angela Mulwa, who are also accused persons in the case.
He said their marriage was dissolved in 2001 and that a subsequent property dispute resulted in a High Court ruling against Mulwa.
According to Ndetei, Mulwa did not accept the decision and did not appeal, leading to what he described as a continuing grievance.
He later married Dr Mutiso and alleged that he and his wife were subjected to persistent threats by the accused persons.
“I confirm that we were constantly threatened by the Accused persons and those threats eventually culminated into my wife’s death,” Ndetei stated in the affidavit.
Widower raises fears over witness interference
Ndetei said the history of the dispute formed part of the background to the alleged killing, while acknowledging that the circumstances surrounding his wife’s death remain matters for determination during the trial.
He argued that the accused persons know his family, relatives, colleagues, friends and members of the deceased’s family, as well as their homes and places they frequent.
The widower expressed concern that potential prosecution witnesses, including members of the two families, household and domestic staff, and people within their professional and social circles, could be approached or influenced if the accused were released.
He alleged that the accused could use telephone calls, messages, visits or intermediaries to contact witnesses.
Ndetei also described the first accused as “an imperious individual” and alleged that she had repeatedly threatened him.
He said he feared the accused persons could intimidate, bribe or otherwise interfere with witnesses, while also posing a threat to him and his family.
The widower further alleged that derogatory remarks and outbursts had been directed at him, his late wife and his family during the ongoing court proceedings.
Concern raised over accused police officer
Ndetei raised particular concern about the fourth accused, whom he identified as a serving police officer.
He claimed that the officer’s position could provide access to police colleagues, records, databases, telephone and location information, as well as other networks that could potentially be used to trace or intimidate witnesses.
According to Ndetei, ordinary bail conditions would not adequately address the alleged risk because the fourth accused works within the system responsible for enforcing such conditions.
Lawyer’s death cited in bail objection
The affidavit also refers to the death of lawyer Kyalo Mbobu, whom Ndetei described as the family’s lawyer.
Ndetei said he was informed by the investigating officer and prosecution that the first accused was under investigation in connection with Mbobu’s death.
According to the affidavit, Mbobu had represented Ndetei in legal matters and was allegedly familiar with the family’s affairs, including the property dispute.
Ndetei stressed that he was not making any finding about the circumstances surrounding Mbobu’s death, which he said remained a matter for investigators.
However, he argued that the lawyer’s death, coupled with the alleged investigation involving the first accused, raised concerns about the possibility of further offences against witnesses or other people connected to the murder case.
Widower asks court to deny bail
Ndetei acknowledged that the prosecution bears the burden of demonstrating compelling reasons to deny bail.
However, he argued that the alleged risk of witness interference, concerns over the safety of victims and witnesses, and the possibility of further offences amounted to compelling reasons for the five accused persons to remain in custody.
He also cited the Bail and Bond Policy Guidelines and the Victim Protection Act, arguing that the court should consider the safety and views of victims and their families when determining the bail application.
Ndetei has asked the court to reject the accused persons’ bail application and order that they remain in custody until the murder case is heard and determined.
The allegations contained in the affidavit remain subject to determination by the court, and the accused persons are presumed innocent unless proven guilty.
