Prof David Ndetei, the widower of Dr Victoria Mutiso, has been summoned to the High Court for cross-examination on his affidavit opposing bail for his ex-wife Rose Mbithe Mulwa, their son Chris and daughter Angela, who are facing murder charges alongside four others.
The summons was issued following a successful application by Rose Mbithe and her children, who claimed the affidavit filed in court by Prof Ndetei on October 5, 2026 was a forgery.
Ms Mulwa’s lawyers told Justice Alexander Muteti that Prof Ndetei is not in a position to swear an affidavit due to what they claim are health challenges.
Allowing the application, Justice Muteti noted that aspersions have been cast on the authenticity of affidavit by Prof Ndetei.
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“In order to clear the air as to the correctness of the affidavit complained about by Ms Mulwa, Chris and Angela, this court hereby directs the deponent (Prof Ndetei) to appear in court for cross-examination on the issues he has raised,” Justice Muteti ruled, indicating an appearance of Wednesday October 21.
The judge said the lawyers’ cross-examination will only be limited to the issues raised in the affidavit and not any extraneous matters.
Applying for summoning of Prof Ndetei, the lawyers alleged that he is admitted to a city hospital’s High Dependence Unit and was, therefore, not in a position to swear the affidavit filed in court opposing the bail application by Ms Mulwa, Chris and Angela.
The three have been charged alongside two Police Constables, Elijah Kimoi and Collins Bett. Others are Martim Kimutai alias Kim and Pius Muiru.
Threatens from the accused
They have all denied murdering Dr Mutiso on July 29, 2026 at 9:30am along Mawensi Road in Nairobi.
Opposing the release of his ex-wife, son and daughter, Prof Ndetei said he feared for his life.
In his filings, he said after divorcing Rose Mbithe Mulwa alias Rose Mbithe Ndetei in 2001 and marrying Dr Mutiso, his ex-wife and the two children had been sending threats.
“That after the dissolution of the marriage, I married Dr Mutiso. That I confirm we were continually threatened by the accused (Rose, Chris and Angela) and those threats eventually culminated into the death of my wife,” Prof Ndetei stated in the affidavit presented to Justice Muteti by the prosecuting counsel.
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“That the 1st accused person (Rose Mbithe) is an imperious individual who has constantly threatened me,” Prof Ndetei added.
“Because of the history between us, I have real and genuine fear that if released on bond, the accused persons acting individually or together, will contact, intimidate, bribe or otherwise influence witnesses against me, so as to affect the evidence given at the trial. I also fear for my own safety and that of my family,” he said.
Besides summoning Prof Ndetei, the judge ordered the probation office to provide pre-bail reports of the suspects.
The judge also directed prison authorities to escort Chris to Mbagathi Level 5 Hospital for treatment following allegations of torture. All the accused were remanded in custody until Prof Ndetei’s cross-examination.
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