The High Court in Nairobi has ordered politician Rose Mbithe Mulwa, her children Angela and Chris Mulwa, and Police Constable Elijah Kibelion Kimoi to undergo psychiatric evaluations before facing formal plea-taking over the murder of Dr. Victoria Nthunya Mutiso.
Appearing before Justice Kanyi Kimondo at the Milimani Law Courts on Thursday, August 27, 2026, the four suspects were directed to undergo mental health checks to establish their fitness to stand trial. Justice Kimondo ruled that the psychiatric assessments must take place at Mbagathi Hospital or another government-designated facility within Nairobi. The evaluations, expected to take about 14 days, will determine whether the accused are mentally fit to respond to murder charges framed under Section 203 as read with Section 204 of the Penal Code.
“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,” the judge ruled.
Key Court Directives and Custody Remand
Justice Kimondo deferred formal plea-taking to September 23, 2026, when the suspects will appear before trial judge Justice Alexander Muteti. In the interim, Rose Mbithe Mulwa and her daughter Angela Mulwa were remanded at Lang’ata Women’s Prison, while Chris Mulwa and Police Constable Elijah Kibelion Kimoi will remain in custody at the Nairobi Remand Prison.
The court also directed the deputy registrar of the High Court to appoint pro bono legal counsel to represent Officer Kimoi. Meanwhile, state prosecutors signaled plans to apply for the consolidation of the cases against the Mulwa family and the police constable when the court reconvenes on September 23, pointing to an interconnected plot.
Details of the Incident and Legal Submissions
The charge sheet alleges that on July 29, 2026, at approximately 9:30 a.m. along Mawensi Road in Kilimani, Nairobi, the four suspects, acting alongside others not yet before the court, murdered Dr. Victoria Nthunya Mutiso.
When the matter opened, Justice Kimondo inquired whether the suspects had already undergone psychiatric checks. State prosecutors clarified that prison authorities conduct the required assessments, which could not be executed while the suspects remained in police custody. While the murder charge was formally read in court, the suspects did not enter a plea pending their medical reports.
Defense counsel Danstan Omari requested that the accused remain held at a police station rather than prison facilities. Omari argued that police custody would simplify transportation for the accused to attend ongoing court sessions concerning a linked land dispute.
The prosecution opposed the request, arguing that prison authorities could manage online appearances for other court matters and that necessary protection orders could be granted if required. Justice Kimondo upheld his original custody ruling and declined to return the suspects to police station custody.
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