After more than 30 years of separation, Prof David Ndetei came face to face with his former wife, Rose Mbithe Mulwa, at the Milimani High Court, where he opposed her release on bond alongside their two children, who are charged with the murder of his wife, Dr Victoria Mutiso.
Prof Ndetei, who was wheeled into the court precincts shortly before 11 am, testified before Justice Alexander Muteti that he feared for his life and those of his immediate and extended family if the three were released.
He described Ms Mulwa as a “pathological liar” and their children Chris and Angela as “thugs”, but did not mention his former wife's name directly, referring to her as “that lady there”.
The three are charged alongside police officers Elijah Kimoi and Collins Bett, as well as Kimutai Martim and Pius Muiru, over the murder of Dr Mutiso on July 29, 2026. All the accused have denied the charges.
Lawyer Kyalo Mbobu was brutally shot dead by two assailants on a motorbike in an attack that detectives have ruled out as a robbery.
Photo credit: File | Nation
He also told the court that Ms Mulwa was facing prosecution over the killing of lawyer Kyalo Mbobu, whom he described as “one of my best lawyers”.
Before Prof Ndetei was summoned to testify, the court had been told that he was incapacitated and admitted to the High Dependency Unit (HDU) of a city hospital.
However, he told Justice Muteti that he was of sound mind and continued to attend to patients, conduct research and undertake international consultancy assignments from his Nairobi office.
Led in his testimony by state prosecutors Gikui Gichuhi, Jalson Makori and Victor Owiti, Prof Ndetei confirmed that he had sworn and signed an affidavit dated October 5, 2026 opposing the release of the accused on bond.
“It is me who swore and signed this affidavit,” he told the court.
He disputed Ms Mulwa's claim that his health condition had prevented him from swearing and signing the document, saying two lawyers had witnessed him sign it before it was commissioned by Ms Abither Nicholas on October 5, 2026.
“I swore this affidavit and signed it in my office on October 5, 2026. The lawyers found me doing my research work, attending to patients and undertaking other international assignments,” he said.
Prof Ndetei dismissed allegations that the affidavit filed by the Office of the Director of Public Prosecutions (DPP) was forged.
He urged the judge not to release Ms Mulwa and their two children on bond, citing what he described as a history of threats and intimidation.
The hearing was marked by tense exchanges, with members of the public booing defence lawyer Joel Mbaluka when he sought to question Prof Ndetei about allegations that the professor was a suspect in the murder and had threatened his dead wife over alleged promiscuity.
Justice Muteti and the prosecution intervened several times, directing Mr Mbaluka to confine his questions to the affidavit and avoid matters outside the scope of the ruling governing the proceedings.
Rose Mbithe Mulwa, a suspect in the fatal shooting of clinical psychologist Dr. Victoria Mutiso, at the Milimani Law Courts in Nairobi on July 31, 2026.
Photo credit: Bonface Bogita | Nation Media Group
During cross-examination, Prof Ndetei recalled alleged threats by his former wife and son, saying they had repeatedly vowed to strip him of his property and leave him destitute.
“I fear for my life because of the history I have had with my former family. On several occasions, Mbithe and my son Chris told me, ‘I will take everything from you and reduce you to a chokora (street urchin).’ They have been very vocal about turning me into a pauper,” he told the judge.
Prof Ndetei told the court that he had received threats before Dr Mutiso's death and had attempted several times to report them at Mlolongo Police Station.
He alleged that his former wife and children had coordinated the eviction and looting of his home, claiming that the dispute had deepened his fears for his safety.
“These are thugs, especially Mbithe alongside her children. They came to evict me and my late wife Mutiso and sent me away with nothing. That young boy (Chris) and young girl (Angela) were coordinating the looting in my house,” he said.
Prof Ndetei, who was born in 1948, said he had not seen Ms Mulwa for more than 30 years after she left their matrimonial home on September 19, 1996.
He denied allegations that he had subjected her to violence, which Mr Mbaluka raised during cross-examination and maintained that the threats he received from his former family predated his wife's death.
He said the hostility had also affected his relationship with Angela, whom he praised for her academic performance, recalling that she had emerged second nationally in the Kenya Certificate of Secondary Education (KCSE) examinations before allegedly turning against him alongside her mother and brother.
He alleged that the officer commanding the Mlologo station, identified as Mugambi, initially evaded him and declined to record statements from him and his late wife.
He further claimed that he repeatedly encountered Ms Mulwa and Chris at the station in the company of the officer who allegedly refused to record their complaints.
Prof Ndetei said he eventually escalated the matter to senior authorities, after which the officer was compelled to record their statements.
“Due to orders from above, he recorded my statement,” he said.
He maintained that the alleged threats and the history of conflict with his former family were among the reasons he opposed the accused persons' release on bond.
In his affidavit, Prof Ndetei warned that releasing Ms Mulwa and her children could expose him and other witnesses to intimidation or interference.
The court directed the probation office to complete the pre-bail reports for the accused within 14 days.
The case will be mentioned on November 4, 2026, to confirm whether the reports have been filed, after which the court will set a date to determine the bond applications.
Meanwhile, the court was told that the Independent Policing Oversight Authority (IPOA) had yet to complete investigations into allegations by the accused that they had been tortured.
All the accused were ordered to remain in custody until November 4, 2026, as they await the determination of their applications for release on bond, which they argue is their constitutional right.
