LAWYERS WITHDRAW FROM DR MUTISO MURDER CASE AS TORTURE ALLEGATIONS SURFACE
Lawyers led by Cliff Ombeta and Danstan Omari withdraw from representing three accused in Dr Victoria Mutiso's murder case, as Rose Mbithe and her children allege torture in custody ahead of an October 6 bail hearing.
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The murder case involving clinical psychologist Dr Victoria Nthunya Mutiso took a dramatic turn on Tuesday, September 29, 2026, after several lawyers representing three of the accused persons asked the High Court to allow them to withdraw from the proceedings.
The lawyers, led by prominent advocates Cliff Ombeta and Danstan Omari, were representing politician Rose Mbithe Mulwa and her two children, Chris Mulwa and Angela Mulwa. Samson Nyaberi, Martina Swiga and Shadrack Wambui were also part of the defence team.
Justice Alexander Muteti allowed the lawyers to cease acting for the three accused after they raised concerns about the direction of the defence and applications that had been made without, according to the lawyers, their involvement.
Ombeta told the court that he and his colleagues were no longer comfortable continuing with the representation, saying the defence team and the accused were not moving in the same direction.
The lawyers were particularly concerned about a bail application that had been filed without their involvement. According to court reports, the advocates said they had not been adequately consulted before some applications and issues were brought before the court.
The withdrawal came shortly after Mulwa, Chris and Angela pleaded not guilty to the murder charge alongside Police Constable Elijah Kibelion Kimoi and Maritim Kimutai.
Mulwa expressed concern about losing her legal team at a critical stage of the proceedings. She told the court that she and her children needed legal representation as they sought to secure their release on bail.
The court was informed that lawyer Joel Kyatha Mbaluka would represent the three accused as they pursued the bail application.
The five accused persons are facing a joint murder charge over the killing of Dr Mutiso. They have all denied the allegations in court.
The legal drama unfolded alongside serious allegations concerning the treatment of the accused while in custody.
Mulwa and her children alleged that they had been tortured and denied proper medical attention while being held by police. Mulwa claimed she had lost significant weight and was experiencing health problems, including allegedly passing blood in her urine.
Her son Chris also alleged that he and his family members had been subjected to torture and threats while in custody. The allegations have not been established as facts in court.
The accused said they had written complaints to senior government officials, including President William Ruto, Interior Cabinet Secretary Kipchumba Murkomen, Head of Public Service Felix Koskei, Inspector-General of Police Douglas Kanja, DCI Director Mohamed Amin and other authorities.
Prosecuting counsel Jalson Makori told the court that the prosecution needed time to respond to the allegations. He said the issues raised required a response from the investigating officer and the relevant authorities.
Justice Muteti directed the prosecution to file and serve its response within three days.
The prosecution has also opposed the release of the five accused persons on bail.
In an affidavit filed in court, a homicide investigations officer argued that although the accused have a constitutional right to bail, the State believes there are compelling reasons to keep them in custody pending trial.
The prosecution has asked the court to consider factors surrounding the investigation and the alleged links between the accused and the killing.
The bail applications are expected to be considered on October 6, 2026, after the prosecution files its response and the defence is given an opportunity to respond.
Dr Mutiso was shot dead in Nairobi on July 29, 2026. Investigators have alleged that her killing was planned and have been pursuing several suspects in connection with the case.
The prosecution has charged Rose Mbithe, her children Chris and Angela, Police Constable Elijah Kibelion Kimoi and Maritim Kimutai.
The State alleges that the accused acted jointly with others in the killing. The allegations remain subject to proof in court, and all five accused persons have pleaded not guilty.
Police investigations have also examined possible links between Dr Mutiso's killing and the earlier murder of lawyer Mathew Kyalo Mbobu. Investigators have alleged that the two cases may be connected through a wider dispute, although the alleged links will have to be tested through evidence presented in court.
The DCI has previously said the investigation involved several people, with some suspects still being pursued. Separately, the State has placed two individuals under witness protection as investigations continue.
The withdrawal of the lawyers adds another development to a case that has already attracted significant public attention.
For Rose Mbithe and her two children, securing new legal representation will be important as they challenge the State's opposition to their release on bail. The prosecution, meanwhile, must respond to the allegations of mistreatment and provide its reasons for opposing bail.
The High Court is expected to consider the bail applications on October 6, when the parties will have an opportunity to present their respective arguments.
The murder allegations against all five accused remain unproven unless and until the prosecution establishes them in court.
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Written by Anne Moses
Reporter and staff writer at Getembe News.
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