- Ndetei is expected to appear on Wednesday this week for cross-examination.
The High Court has allowed an application by three accused persons in the murder case of Dr Victoria Mutiso to have Professor David Ndetei appear in court for cross-examination over an affidavit he allegedly swore opposing their release on bail.
In a ruling delivered by Justice Alexander Muteti, the court directed Prof. Ndetei to appear and answer questions on whether he personally swore the affidavit and the truthfulness of its contents.
Ndetei is expected to appear on Wednesday this week for cross-examination.
"The prosecution will not suffer any prejudice if Prof. Ndetei is called from cross-examination," the court noted.
The application was filed by Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa, who are charged in connection with Dr Mutiso’s killing.
Through their lawyers, the accused persons questioned the authenticity of the affidavit, arguing that Prof. Ndetei was reportedly admitted to the High Dependency Unit (HDU) at the time he is alleged to have sworn the document.
The defence argued that cross-examination was necessary to establish whether the affidavit was genuinely made by Prof. Ndetei and to test the accuracy of the statements contained in it.
The prosecution opposed the application, arguing that the defence had missed the opportunity to request at this stage of the proceedings.
The application was also opposed on grounds relating to Prof. Ndetei’s mental stability.
However, the court rejected the objection, finding that the prosecution would not suffer prejudice if the witness was called to answer questions about the affidavit.
In the affidavit filed in court, Prof. Ndetei urged the court not to grant bail to his former wife, Rose Mbithe Mulwa, and her two children, saying he feared for his life.
Prof. Ndetei stated that he divorced Mulwa in 2001 and later married Dr. Mutiso, but alleged that his estranged wife and her two children continued to threaten him and his new wife.