Dr Mutiso Murder: Husband asks court to keep five accused in custody

In an affidavit filed before the court, David Ndetei said he was directly affected by the case and alleged that he had been threatened by 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, the first accused did not accept the decision and did not appeal, resulting in what he described as a continuing grievance.

He said he later married Dr. Mutiso and alleged that he and his wife were subjected to constant 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.

He further told the court that the history of the dispute formed part of the background against which his wife was allegedly killed, although he acknowledged that the circumstances surrounding her death remain matters for determination at trial.

Ndetei 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.

He 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 persons were released.

He claimed that the accused could use telephone calls, messages, visits or intermediaries to contact witnesses.

Ndetei also described the first accused as “an imperious individual” who, he alleged, had repeatedly threatened him. He said he feared that the accused persons could intimidate, bribe or otherwise interfere with witnesses, as well as endanger him and his family.

He further alleged that there had been derogatory remarks and outbursts directed at him, his late wife and his family during the ongoing court proceedings.

The widower raised particular concern about the fourth accused, whom he identified as a serving police officer.

Ndetei claimed that the officer's position could give him 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.

He argued that ordinary bail conditions would not adequately address that risk because the fourth accused works within the system responsible for enforcing such conditions.

The affidavit also raises the death of lawyer Kyalo Mbobu, whom Ndetei described as the family's lawyer.

Ndetei said he was informed by the investigating officer and the 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 allegedly had knowledge of the family's affairs, including the property dispute.

Ndetei stressed that he was not making a finding on the circumstances surrounding Mbobu's death, which he said remained a matter for investigators.

However, he argued that the fact that the lawyer had died, coupled with the alleged investigation involving the first accused, raised concerns that the accused persons could commit another offence against witnesses or other people connected to the case if released.

Ndetei acknowledged that the burden of establishing compelling reasons rests with the prosecution but argued that the alleged risk of witness interference, the safety of the victims and witnesses, and the possibility of further offences amounted to compelling reasons to deny bail.

He also relied on 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 ultimately has  asked the court to reject the accused persons' application for bail and order that they remain in custody until the murder case is heard and determined.