The murder case involving four suspects accused of killing psychiatrist Dr Victoria Nthunya Mutiso will not proceed to plea-taking until the court establishes that they are mentally fit to face the charges.
Rose Mbithe Mulwa, her daughter Angela Mulwa, her son Chris Mulwa and Police Constable Elijah Kibelion Kimoi were presented before Justice Kanyi Kimondo at the Milimani Law Courts on Thursday, August 27, but did not enter pleas after the court directed that they first undergo psychiatric examinations.
The prosecution told the court that the four are accused of acting together with other people who have not been charged in the killing of Dr Mutiso.
The alleged murder took place on July 29, 2026, at around 9.30am along Mawensi Road in Kilimani, Nairobi County.
Justice Kimondo sought clarification from the prosecution on whether the accused had already undergone an assessment to establish their mental condition before being brought to court.
The prosecution explained that the examination was supposed to be conducted by prison authorities, but could not be carried out while the suspects were in police custody.
“The same was to be done by the prison authorities, and it was not possible for them to be done while at the police station. They were detained at the police station,” the prosecution told the court.
The court was informed that the psychiatric assessment would take 14 days.
Justice Kimondo subsequently directed that the suspects be taken to Mbagathi Hospital or another government facility in Nairobi where the examination could be conducted.
The judge barred the four from responding to the murder charge or entering a plea until the assessment is completed.
“They need not make any comment or plead to that charge until they undergo a psychiatric test at the Mbagathi Hospital or any other convenient government facility in Nairobi at the earliest. So, the plea will be then adjourned to another date,” Justice Kimondo ruled.
The suspects had the murder charge read out to them but were not required to state whether they admitted or denied it.
They are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
The court also addressed the question of legal representation for Kimoi, directing the deputy registrar of the High Court to secure a pro bono lawyer to represent the police officer.
Kimoi was ordered to be remanded at Nairobi Remand Prison.
Rose and Angela will be held at Lang'ata Women's Prison, while Chris will be detained at Nairobi Remand Prison.
The defence had sought to have the four remain at the police station, with lawyer Danstan Omari arguing that this would allow them to attend other court proceedings involving a land dispute.
The defence said the separate proceedings were linked to the wider issues surrounding the case.
The prosecution opposed the request, arguing that any concerns about the suspects' safety could be addressed through protection orders issued by the court.
It also told the court that prison authorities could facilitate the suspects' participation in other cases through virtual proceedings.
Justice Kimondo maintained the orders requiring the suspects to be transferred to the respective remand facilities.
The prosecution said it would return before the trial judge on September 23 to seek the consolidation of the two cases involving the Mulwa family and Kimoi.
The four suspects are expected to appear in court again on September 23, when they will take plea before Justice Alexander Muteti following completion of the mental assessments.
Dr Mutiso, a psychiatrist who previously served as Director of the African Institute of Mental and Brain Health, was shot dead in Nairobi on July 29, 2026.
The court was previously told that preliminary investigations had linked the doctor to a land dispute that was before a court in Machakos.
Before she was killed, Dr Mutiso had also reported an encounter in which two armed men riding a motorcycle allegedly confronted her as she drove through Nairobi.