The bid by five people accused of killing Dr Victoria Mutiso to secure their freedom has run into opposition from her husband, who says releasing them could put witnesses and members of his family in danger.
David Ndetei has told the court that the accused persons are familiar with his relatives, friends, colleagues and people close to the late doctor, creating a risk that they could use those connections to intimidate or influence witnesses.
In an affidavit filed against the bail application, Ndetei said he was personally affected by the case and claimed he had faced threats from some of the accused before his wife's death.
“I confirm that we were constantly threatened by the Accused persons and those threats eventually culminated in my wife's death,” Ndetei stated in the affidavit.
The widower said the first accused, Rose Mbithe Mulwa, was his former wife and that they have two children, Chris and Angela Mulwa, who are also facing murder charges in the case.
Ndetei said his marriage to Mulwa ended in 2001. He said a property disagreement later arose between them and was taken to the High Court, which eventually ruled against Mulwa.
According to Ndetei, Mulwa did not accept the outcome and chose not to appeal, leaving the dispute unresolved from her perspective.
He said he subsequently married Dr Mutiso and claimed that he and the doctor were subjected to persistent threats from the accused persons.
Ndetei told the court that the earlier dispute was part of the background surrounding his wife's death, although he made clear that the exact circumstances of the killing would be determined during the trial.
He further argued that the accused have extensive knowledge of the people connected to him and the deceased, including their relatives, friends, workmates and other members of their social circles.
He said they also know where some of these people live and the places they regularly visit, raising fears that they could be reached outside court.
The widower listed family members, household and domestic workers, as well as people connected to the families through professional and social relationships, among those who could potentially be approached.
He said contact with witnesses could be made through calls, text messages, personal visits or intermediaries acting for the accused.
Ndetei singled out the fourth accused, whom he described as a serving police officer, saying his position raised an additional concern.
He argued that the officer could have access to fellow police officers, official records, databases, telephone information and location details, as well as other police networks.
According to Ndetei, such access could make it easier to identify, locate or interfere with witnesses.
He further argued that standard bail terms may not offer adequate protection because the accused officer is part of the law enforcement system that would be expected to enforce such conditions.
The affidavit also touches on the death of lawyer Kyalo Mbobu, who Ndetei said had represented his family.
Ndetei told the court that the investigating officer and prosecution informed him that the first accused was being investigated in relation to Mbobu's death.
He said Mbobu had handled legal matters for him and was familiar with the family's affairs, including the property dispute involving Mulwa.
Ndetei, however, made clear that he was not drawing any conclusion over Mbobu's death, which he said remained a matter for investigators.
He argued that the lawyer's death, together with the reported investigation involving the first accused, added to his fears about what could happen if the accused persons were released.
The widower said there was a possibility that witnesses or other people linked to the case could face further offences or pressure if the five were granted bail.
Ndetei acknowledged that it is the prosecution's responsibility to demonstrate compelling reasons for keeping an accused person in custody.
He nevertheless maintained that the alleged threats, the possibility of witnesses being interfered with, concerns over the safety of the victims and witnesses, and the risk of further offences should persuade the court to reject the bail request.
He also relied on the Bail and Bond Policy Guidelines and the Victim Protection Act, saying the court should consider the safety and views of victims and their families when making its decision.
Ndetei has therefore asked the court to decline the application for bail and order that the five accused persons remain in custody until the murder case is fully heard and determined.