Four suspects charged with the murder of psychiatrist Dr Victoria Nthunya Mutiso will first undergo psychiatric assessments before they can formally enter a plea, the High Court has ruled.
Angela Mulwa, her mother Rose Mbithe Mulwa, her brother Chris Mulwa and police constable Elijah Kibelion Kimoi appeared before Justice Kanyi Kimondo at the Milimani Law Courts on Thursday.
Prosecutors told the court the killing took place on the morning of July 29, 2026, on Mawenzi Road in Kilimani, Nairobi, shortly after 9.30am, and that the four are accused of having carried it out together with others who have not yet been brought to court.
Before proceeding, Justice Kimondo asked the prosecution directly whether the accused had already undergone mental fitness examinations. The prosecution explained that this had not been possible earlier because the suspects were held at a police station rather than in prison custody, where such assessments are normally arranged.
“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 told the psychiatric evaluation itself would take 14 days to complete.
Ruling on the matter, Justice Kimondo directed that the plea be deferred until the assessments were 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,” he ruled.
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Although the murder charge, brought under Section 203 as read with Section 204 of the Penal Code, was formally read out to the four in court, none of them entered a plea.
Justice Kimondo also addressed Kimoi’s legal representation, directing the Deputy Registrar of the High Court to appoint pro bono counsel for the police officer. He ordered that Kimoi be held at Nairobi Remand Prison, while Rose and Angela Mulwa were ordered to be detained at Lang’ata Women’s Prison and Chris Mulwa at Nairobi Remand Prison alongside Kimoi.
The prosecution indicated it intends to make an application on September 23 before the trial judge to consolidate what appear to be two related matters, pointing to a connection between the case against the Mulwa family and the case against the police officer. The four are expected back in court once the psychiatric assessments are complete, when they will take their plea before Justice Alexander Muteti.
Defence lawyer Danstan Omari had asked that the suspects instead remain held at a police station, arguing this would make it easier for them to attend other pending court matters connected to a related land dispute, which the defence has described as tied to the broader case.
The prosecution opposed this, arguing that protection orders could be issued if needed and that the accused could still attend other matters remotely through arrangements facilitated by prison authorities. Justice Kimondo declined to revisit his earlier custody orders.
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