In an affidavit filed in court, Homicide Investigations Bureau officer CPL Romana Odour says the five accused persons are jointly charged with others who are yet to appear before court over the killing of Dr Mutiso on July 29, 2026.
The investigating officer argued that the prosecution recognises the constitutional right to bail under Article 49(1)(h) but argues that compelling reasons exist to keep the accused persons in custody pending trial.
According to the affidavit, investigators believe the murder was linked to a long running dispute over a 20-acre property in Mlolongo involving the deceased, her husband and the first, second and third accused persons.
The officer alleges that the first three accused persons -Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa were known to the deceased and her family and formed the core of a wider group that allegedly planned and facilitated the killing.
The prosecution further alleges that the group conducted surveillance, gathered personal information about the deceased and her family, and coordinated communications, logistics and other activities for about four months before the murder.
Investigators say telecommunications and other electronic evidence allegedly links the accused persons to meetings, communications and activities connected to the planned attack.
The affidavit also refers to an alleged incident on July 7, 2026, when the deceased reported being confronted by two armed people on a motorcycle near Junction Mall along Ngong Road.
The investigating officer says investigations identified the fourth accused as the alleged pillion passenger in that incident.
On July 29, investigators allege, the deceased was intercepted while travelling in an Uber vehicle, registration number KDJ 609D, and fatally shot.
The DCI says searches conducted after the arrests resulted in the recovery of items it considers significant to the investigation.
Among the items allegedly recovered from the Karen residence of the first and second accused were a black and red A7 notebook containing details of the Uber vehicle used by the deceased, Airtel SIM cards, photographs of the deceased and members of her family, and copies of her husband’s national identity card.
The affidavit further alleges that a search of the third accused’s residence in Kerarapon led to the recovery of a motor vehicle allegedly taken from the deceased’s home in Mlolongo.
The fourth accused, Elijah Kimoi, whom the investigating officer describes as a serving police officer at the time of the alleged offence, is accused of firing the fatal shot. The DCI alleges that he fled after the incident and was arrested ten days later.
Investigators further allege that he destroyed the clothes he was wearing during the shooting by burning them, allegedly in an attempt to eliminate forensic evidence.
The prosecution has also raised concerns over alleged attempts to interfere with suspects cooperating with investigators.
According to the affidavit, investigators received intelligence on August 20 about an alleged plan to harm suspects who had agreed to cooperate with the investigation.
The fifth accused Maritim Kimutai was subsequently arrested at Pangani Police Station on August 22 while allegedly visiting one of the cooperating suspects and carrying food, the officer says.
The DCI says information obtained from the fifth accused’s telephone helped investigators trace and arrest additional suspects, including three people who had allegedly fled to Uganda.
Investigations, the officer says, remain ongoing, with several alleged accomplices still at large, including some senior police officers.
The prosecution argues that the continued freedom of the accused persons could enable them, directly or through associates, to interfere with witnesses, destroy or conceal evidence and frustrate ongoing investigations.
The affidavit identifies the deceased’s husband as a key prosecution witness and describes him as particularly vulnerable because of his relationship with the first three accused persons and the trauma arising from the death of his wife.
The DCI also says some witnesses are currently under the protection of the Witness Protection Agency and argues that the accused persons or their associates could attempt to contact or influence them if released.
Investigators have further linked the case to a separate investigation concerning alleged destruction and loss of property belonging to the deceased and her husband in Mlolongo, reportedly valued at approximately KSh37 million, as well as an alleged forged title deed.
The investigating officer maintains that ordinary bail conditions would not adequately address the risks because the alleged criminal network includes people who remain at large and individuals with access to police resources.
The prosecution has therefore asked the court to deny the five accused persons bail, arguing that their continued detention is necessary to protect witnesses, preserve evidence and safeguard the integrity of the ongoing investigations.
