The Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) have asked the court to deny bail to five suspects facing murder charges over the killing of Dr Victoria Nthunya Mutiso, citing concerns over possible witness interference, destruction of evidence, collusion and flight.
In an affidavit filed in court, Homicide Investigations Bureau officer CPL Romana Odour said the five suspects are jointly charged with other people who have not yet appeared in court over the killing of Dr Mutiso on July 29, 2026.
The investigating officer acknowledged the constitutional right to bail under Article 49(1)(h), but argued that there are compelling reasons to keep the suspects in custody as investigations continue.
According to the affidavit, investigators believe the murder was connected to a long-running dispute over a 20-acre piece of land in Mlolongo involving Dr Mutiso, her husband and the first, second and third accused persons.
The officer alleges that Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa knew the deceased and her family and were part of a wider group that allegedly planned and helped carry out the killing.
Investigators further allege that the group spent about four months monitoring the deceased, collecting information about her and her family, and organising communication, transport and other activities before the attack.
The DCI says telephone and other electronic records allegedly place the suspects in meetings and communications linked to the alleged plan.
The affidavit also details an earlier incident on July 7, 2026, when Dr Mutiso reportedly told police that two armed people riding a motorcycle had confronted her near Junction Mall along Ngong Road. Investigators allege that the fourth accused was the pillion passenger during the incident.
On July 29, the deceased was allegedly intercepted while travelling in an Uber vehicle, registration number KDJ 609D, and shot dead.
Following the arrests, investigators conducted searches and recovered several items they consider important to the case. At the Karen residence of the first and second accused, police allegedly found a black and red A7 notebook containing details of the Uber vehicle used by Dr Mutiso, Airtel SIM cards, photographs of the deceased and members of her family, as well as copies of her husband's national identity card.
A search at the Kerarapon home of the third accused allegedly led to the recovery of a vehicle said to have been taken from the deceased's home in Mlolongo.
The fourth accused, Elijah Kimoi, is described in the affidavit as a serving police officer at the time of the alleged offence. Investigators accuse him of firing the fatal shot and allege that he fled after the killing before being arrested 10 days later.
The DCI further alleges that Kimoi burned the clothes he had worn during the shooting in an attempt to remove possible forensic evidence.
The prosecution has also raised concerns about alleged efforts to interfere with people cooperating with investigators.
Odour says investigators received intelligence on August 20 about an alleged plan to harm suspects who had agreed to assist with the investigation.
The fifth accused, Maritim Kimutai, was arrested at Pangani Police Station on August 22 while allegedly visiting one of the cooperating suspects and carrying food, according to the affidavit.
The DCI says information obtained from Kimutai's phone helped investigators trace and arrest more suspects, including three people who had allegedly escaped to Uganda.
Investigations are still ongoing, with several alleged accomplices remaining at large, including some senior police officers, the officer said.
The prosecution argues that releasing the five suspects could allow them, either directly or through other people, to approach witnesses, destroy or hide evidence and interfere with the ongoing investigations.
Dr Mutiso's husband has been identified as a key prosecution witness. The investigating officer considers him particularly vulnerable because of his relationship with the first three accused persons and the trauma linked to the death of his wife.
The DCI also says some witnesses have been placed under the protection of the Witness Protection Agency, raising concerns that the suspects or their associates could try to contact or influence them if released.
The case has also been linked by investigators to a separate inquiry into the alleged destruction and loss of property belonging to Dr Mutiso and her husband in Mlolongo. The property is reportedly valued at about Sh37 million, alongside an alleged forged title deed.
The investigating officer maintains that ordinary bail conditions would not be enough to manage the risks cited by the prosecution, arguing that the alleged network includes people who remain at large and individuals with access to police resources.
The DCI and DPP have therefore asked the court to keep the five accused persons in custody, saying their detention is necessary to protect witnesses, preserve evidence and allow the ongoing investigations to proceed.