Victoria Mutiso murder: Rose Mbithe, two children allege torture, denied medical care in custody

Five suspects arrested in connection with the murder of Dr. Victoria Mutiso have pleaded not guilty, two months after her assassination in Upper Hill.

Rose Mbithe, her children Chris Mulwa and Angela Mulwa, Police Constable Elijah Kimoi, and Kimutai Maritim appeared before Justice Alexander Muteti, where they applied for release on cash bail.

In their bail application, Mbithe and her children alleged that they were tortured while in police custody and accused the prosecution of bias in the handling of the case.

The allegations are now set to add another layer to a case already surrounded by controversy.

“I have lost 16 kilos, my blood pressure has gone to 80, I was tortured I have been passing urine with blood … Another thing, this man, I saw him for the first time was tortured to say my son was the one holding the gun to shoot,” said Mbithe.

Chris Mulwa added: “My mother and my sister, we were tortured…and the DCI intentionally denied us medical treatment. They even threatened us in the presence of counsel Cliff Ombeta that they will prolong the matter as long as it takes…”

The family, which has written complaint letters to top government officials, including the President, the Head of Public Service, the Inspector General of Police and the Law Society of Kenya (LSK), also accused the prosecution of bias and discrimination.

Angela stated: “Daniel Mwangi has been receiving preferential treatment from the rest of us suspects. He has not been detained the way the rest are being detained. He was given four days; we are being given 30 days. So when I hear counsel Makori say he needs 14 days to respond to an affidavit, I read malice in continued detention to gag us.”

Prosecuting counsel Jalson Makori stated: “Those issues can only be responded to by the investigating officer. We wish to ask for time…”

Six lawyers representing the family also sought to withdraw from the case, telling the court they had not been briefed on the allegations contained in the bail application and the supporting affidavit.

Lawyer Cliff Ombeta said: “I am withdrawing from these proceedings. Please strike me off the record. They can get other counsel to be able to proceed with this matter for them. It can’t be this game of pulling, stretching us and all that…”

Lawyer Samson Nyaberi added: “What is emanating now is that we are not in one bandwagon. We are at cross purposes. We are pulling in different directions…”

The court allowed the six lawyers to withdraw, with lawyer Joel Mbaluka holding brief as the family’s counsel.

In his ruling, Justice Alexander Muteti directed the prosecution to respond to the allegations within three days.

The DCI has also filed an application opposing the release of the suspects on bail.