The legal team representing Rose Mbithe Mulwa and her son, Chris Mulwa, suspects in the killing of mental health expert Dr Victoria Nthunya Mutiso, has challenged the ongoing investigation as politically driven rather than criminally justified.

Senior counsel Danstan Omari, leading the defence, dismissed the Directorate of Criminal Investigations' (DCI) request for an additional 30-day detention, arguing there is no lawful basis for holding the suspects further.

Defence Questions Motive and Timeline

Omari criticized the prosecution's claim that Rose Mbithe had a motive linked to Dr Mutiso, highlighting that the two women’s connection was misrepresented. He explained that Mbithe divorced her former husband over 20 years ago, after which Dr Mutiso married him before eventually marrying Professor David Musyimi Ndetei.

"If there was intent to harm, why wait more than two decades?" Omari questioned, emphasizing the implausibility of the alleged motive given the elapsed time since the divorce.

Opposition to Extended Detention

The defence also opposed the DCI's application to extend detention, pointing out Rose Mbithe's advanced age of 75 years and citing constitutional protections for older persons.

"Detaining a senior citizen without strong justification would violate constitutional safeguards," Omari submitted, urging the court to consider humanitarian factors.

Allegations of Political Interference

Omari further alleged the case aims to undermine Mbithe’s purported 2027 presidential ambitions, describing the investigation as a tactic to derail her political aspirations.

He also highlighted Chris Mulwa’s role as a practising lawyer, stressing that his detention would hinder his clients' access to justice.

Claims of Excessive Force During Arrest

Advocate Agnes Mulwa, representing the family, accused the arresting officers of using intimidation tactics during the operation at their Karen home. She recounted that 20 to 25 armed, masked officers refused to identify themselves and subjected family members to hours of distress.

"The conduct amounted to pure intimidation," she stated, expressing concern over the treatment of the family during the arrest.

Next Steps

The DCI maintains that the 30-day extension is necessary to complete investigations into the execution-style killing of Dr Mutiso, who was shot while travelling by taxi in Nairobi.

The court is expected to issue a ruling on the detention application in the coming days.