Rose Mbithe Mulwa and her daughter, Advocate Angela Mulwa and son Chris Mulwa, will be brought before the Milimani High Court next Tuesday for physical plea-taking in the murder case involving Dr Victoria Nthunya Mutiso.
Justice Alexander Muteti ordered the suspects to be produced in court on September 29, 2026, at noon after the court was told on Wednesday that the two had declined to join the proceedings virtually from Lang’ata Prison, where they are being held.
A prison officer appearing before Justice Muteti told the court on Wednesday that Rose and Angela had refused to participate in the proceedings through a virtual link.
“My lord, the two have refused to appear before court virtually,” the officer told the court.
Justice Muteti pointed out that Justice Kanyi Kimondo had earlier directed the suspects to appear before the High Court virtually. He said the two had no right to decline to appear before the court through the virtual platform.
The development saw defence lawyer Danstan Omari apologise to the court on behalf of his clients.
“My lord, they have no power to direct the court; we apologise for that,” Lawyer Omari submitted.
Justice Muteti subsequently directed that all the suspects connected to the case be presented physically when the matter comes up on September 29 for plea-taking.
The order paves the way for Rose and Angela to face the murder charges after the proceedings were previously pushed forward to allow for their mental assessment.
Justice Kimondo had on August 27 ordered Rose and Angela to undergo a psychiatric assessment before taking plea.
The assessment was to be conducted at Mbagathi Mental Hospital or another hospital within Nairobi offering the same service.
The order followed concerns over whether the two were fit to plead to the murder charges, leading to the postponement of the plea-taking from the earlier date to September 23 before Justice Muteti.
At the time, Justice Kimondo directed that the suspects should not comment on the murder allegations until they had undergone the required assessment.
“The High Court has been informed of the charge of murder; however, they need not make any comment or plead to any charge until they undergo mental assessment at Mbagathi or any other hospital within Nairobi County,” Judge Kanyi noted.
Wednesday’s proceedings also brought a new development in the case, with the Director of Public Prosecutions indicating that it intends to seek the consolidation of related files.
Deputy Director of Public Prosecutions Jalson Makori told the court that the prosecution would ask for the case against Police Constable Elijah Kibelion Kimoi to be combined with the matter involving Rose, Chris Mulwa and Angela.
The prosecution further told the court that Maritim Kimutai, alias Kim, would also face charges alongside the four suspects.
Justice Muteti ordered Kimutai to remain at Industrial Area Remand Prison until September 29, when the suspects are expected to be presented before the court for plea-taking.
The DPP alleges that Rose, her two children and other people who have not been brought before the court were involved in the killing of Dr Nthunya Mutiso.
The alleged murder took place on July 29, 2026, at about 9:30am along Mawensi Road in Kilimani Sub-County, according to the prosecution.