Police seek 30 days to detain mother and son over murder of Dr. Victoria Nthunya Mutiso

The Directorate of Criminal Investigations (DCI) has filed a miscellaneous application seeking to detain Rose Mbithe Mulwa and her son, Chris Mulwa, for 30 days to allow investigators to complete investigations into the murder Dr. Victoria Nthunya Mutiso.

In an application supported by an affidavit sworn by Corporal Romana Odour, investigators told the court that the deceased had reported two separate incidents in which unknown men on motorcycles allegedly trailed and threatened her before she was fatally shot.

According to the affidavit, on July 7, 2026, the deceased was driving along Ngong Road near Junction Mall when two men on a motorcycle allegedly pointed a gun at her and attempted to shoot her. She reportedly escaped unharmed and later made a report at Kilimani Police Station under OB No. 63/07/07/2026.

Police further state that after the incident, the deceased informed both investigators and her husband that she had identified the pillion passenger on the motorcycle as Chris Mulwa, the second respondent.

Investigators also allege that on July 27, 2026, while driving from her home to her office, the deceased was again followed by men riding a motorcycle, prompting another report to the police.

The prosecution says Rose Mbithe Mulwa is the former wife of the deceased's husband. The two reportedly divorced in 2001 after having four children together, including Chris Mulwa.

Police told the court that the respondents were arrested during an intelligence-led operation in Karen and booked at Kilimani and Kibera police stations pending their arraignment.

The investigating team further claims that when Chris Mulwa was arrested, officers recovered exhibits allegedly belonging to the deceased, which are now undergoing forensic analysis. Investigators believe the materials may have been shared with the gunmen before the murder.

The prosecution argues that the suspects know key witnesses, including members of the deceased's family and individuals connected to the land dispute under investigation. It says releasing the respondents at this stage could expose witnesses to intimidation or interference and compromise ongoing investigations.

Police also informed the court that the gunman and the motorcycle rider who allegedly carried out the fatal shooting remain at large. Investigators believe the respondents may have information about their identities and whereabouts and could assist them in evading arrest or concealing evidence if released.

The application further states that the deceased's husband is a key identifying witness but has not yet recorded a comprehensive statement because of the trauma caused by his wife's death.

Investigators say several critical forensic processes are still pending, including ballistic analysis, examination of CCTV footage, analysis of call data records, examination of the motor vehicle allegedly used in the offence, forensic analysis of exhibits recovered from Chris Mulwa, and the post-mortem examination.

Police also argue that the case has attracted significant public interest and that releasing the respondents before investigations are complete could expose them to retaliation or mob justice.

The respondents are also yet to undergo mental assessment to determine whether they are fit to stand trial.

The DCI maintains that the likelihood of witness interference, the need to trace additional suspects, pending forensic examinations, and the risk of destruction of evidence amount to compelling reasons to continue detaining the two under Article 49 of the Constitution and Section 36A of the Criminal Procedure Code.

Investigators say that once the investigations are complete, the file will be forwarded to the Director of Public Prosecutions with recommendations to charge the respondents with murder and other land fraud related offences. They are seeking 30 days to conclude the investigations while the suspects remain in custody.

However lawyers representing the two led by Danstan Omari , Shadrack Wambui and Cliff Ombeta have objected to their detention