Dr. Victoria Mutiso murder case: Prof. Ndetei fears for his life if ex-wife, children are released on bail

Prof. David Ndetei, the widower of slain mental health researcher Dr. Victoria Mutiso, has expressed fear for his life should the High Court release his former wife, their two children and four other suspects accused of involvement in her murder on bail.

Testifying in court on Wednesday, Prof. Ndetei defended an affidavit that the defence had challenged, alleging it had been doctored by the prosecution.

He recounted his ordeal over the past 30 years, saying his former wife, Rose Mbithe, threatened to destroy his life and take over his properties following their divorce, which he said was prompted by desertion.

The professor said he has information concerning the murder of lawyer Kyalo Mbobu, who previously represented his family.

Wheeled into a packed courtroom, Prof. Ndetei came face-to-face with his former wife Rose Mbithe and their children Chris Mulwa and Angela Mulwa, with whom he says he last had contact in September 1996.

Taking the witness stand, h began by confirming that he had personally authored the affidavit previously presented in court.

Prosecutor: “This is your signature on the affidavit?”

Prof. Ndetei: “Absolutely. This is what I use for my banking. I wrote everything here.”

Recounting how his life allegedly took a turn for the worse following their divorce, which he blames on Mbithe, Prof. Ndetei told the court that the release of his former wife, their children and the four other suspects would leave him, his family and friends - some of whom are expected to testify against the seven accused persons - exposed to danger.

Prosecutor: “Who has had a history of violence against your life?”

Prof. Ndetei: “Mbithe, Rose Mbithe, the threats have been very simple ‘I will make sure I take everything from you. I will reduce you to a chokoraa.’ My son has also been vocal about that.”

The professor detailed the role of his children in an attack against him during what he described as an illegal eviction from a disputed 21-acre parcel of land in Mlolongo.

He told the court that the officer commanding Mlolongo Police Station frustrated his efforts to seek justice by refusing to record his statement. He eventually managed to record a statement following the intervention of senior police officers.

“They sent me away with nothing because they took everything from me, my house ... That young man was coordinating, and that girl and the boy were coordinating the looting of my house... Every time we went to write a statement, we would see him run away with that lady and that boy…” he narrated.

Despite saying he had forgiven them, Prof. Ndetei - who describes himself as a professor emeritus of the University of Nairobi, a title he says was bestowed upon him by the late Prof. George Magoha - told the court that he wants justice for his late wife, who was murdered while she was on her way to work.

Joel Mbaluka, the accused person’s family lawyer, posed: “You are opposed to them released on bail?”

Prof. Ndetei responded: “Yes…when it comes to death…released on bail to come and kill me? I have said publicly that I have forgiven them, haven't they told you that?”

With his former wife and their two children also facing another murder case involving lawyer Kyalo Mbobu, Prof. Ndetei said he is willing to share information with investigators, which he claims could link them to a plot against his life.

“I wish they could come to me I tell them what I know…”  he told the court.

Denying allegations that he had assaulted Mbithe while they were married, as she had previously claimed, Prof. Ndetei told the court that following their acrimonious divorce, Mbithe got rid of his name which was contained in her identification document.

The court is expected to receive a probation report on November 4.