DPP opposes bail for seven accused in Dr Victoria Mutiso murder case

The Office of the Director of Public Prosecutions (ODPP) has opposed bail for seven suspects charged with the murder of mental health psychologist Dr Victoria Mutiso.

The accused:Rose Mbithe, Angela Mulwa, Chris Mulwa, Elijah Kibellion, Pius Mbugua, Collins Bett and Maritim Kimutai appeared before the Milimani High Court on October 6,2026 where they pleaded not guilty.

Accused Rose Mbithe, Angela Mulwa, Chris Mulwa, Elijah Kibellion,Kimwutai Maritim,Collins bett, Pius Mbugua during a court proceedings in October 6,2026

Counsel representing the first three accused, including 76-year-old Rose Mbithe, the mother of Angela and Chris, told the court that she was not a flight risk and lived with her children in Karen.

The court was also told that Angela and Chris were officers of the court and would comply with all directions issued by the court.

The defence further raised allegations that the accused had been tortured and intimidated during their arrests and while in custody.

The defence counsels urged the court to grant the accused lenient bond terms, including reasonable cash bail, citing their constitutional right to bail and the presumption of innocence.

Lawyers representing the fourth to seventh accused also urged the court to grant their clients lenient bail terms, citing similar allegations of intimidation and torture during their arrests and detention.

State counsel Jalson Makori opposed the applications, arguing that the accused posed a flight risk and could interfere with witnesses.

The prosecution, relying on affidavits sworn by ASP Clement Mwangi and David Ndetei, dismissed the torture allegations, saying they were not supported by evidence or documentation.

“We are all cognisant of the need to prevent torture, discrimination and unlawful imprisonment,” the prosecution stated.

Makori also rejected claims that Daniel Mwangi and Samuel Karanja had been induced to implicate the first to fifth accused persons, saying there was no evidence to support the allegations.

The court heard that investigations had been completed and that the State had evidence identifying the alleged shooter.

The prosecution urged the court to consider whether the accused were likely to attend trial, commit further offences, interfere with witnesses or obstruct justice, as well as the seriousness of the charge, the possible sentence, the strength of the prosecution case and the accused persons’ character.

According to the State, some of the accused allegedly concealed or destroyed evidence, erased digital telecommunications data and maintained contact with people implicated in the offence.

The court also heard that an examination of Pius Mbugua’s passport showed no entry into Uganda before his last exit, when he was arrested in connection with the murder, raising concerns that he could abscond from the jurisdiction.

Citing the seriousness of the murder charge, the DPP said related investigations were still ongoing and could lead to additional suspects being charged.

“We believe that should the accused persons be given an opportunity to be released on bail, with the knowledge that there is an investigation going on into a serious offence of murder, there is a high possibility that they may not come to court,” Makori stated.

The State further maintained that no complaints of intimidation or torture had been recorded in the Occurrence Book when the seven accused were taken into custody.

The court was also told that three witnesses whom the accused alleged had been used to implicate them had been placed under protective custody.

Justice Alexander Muteti directed that the defence respond to the prosecution’s objections on October 10, 2026, before the court determines the bail applications.

The seven accused persons were charged in connection with the July 29, 2026 murder of mental health psychologist Dr Victoria Mutiso in Upper Hill, Nairobi.