Rose Mulwa, Son Protest State Treatment in Dr Victoria Mutiso Murder Case

Rose Mulwa and her son, Chris Mulwa, have protested what they described as malicious and unfair treatment by the State as they appeared in court in connection with the murder of Dr Victoria Mutiso.

The two sought permission to address the court after prosecutors asked that a miscellaneous application seeking their continued detention be closed, arguing that the matter had now moved to the High Court following the filing of a murder charge sheet.

Their lawyer, Danstan Omari, opposed the prosecution's request, maintaining that significant issues surrounding the investigation and the handling of the suspects remained unresolved.

Defence Raises Concerns Over Investigation

Omari told the court that the defence had only on Monday challenged the State's attempt to continue detaining lawyer Angela Mulwa, arguing that the manner in which the prosecution had handled the matter remained a concern.

He noted that only three people had so far been charged in connection with Dr Victoria's murder, while the charge sheet indicated that the suspects had been charged “with others not before the court.”

The lawyer also referred to another miscellaneous application in which the State had indicated that the person alleged to have pulled the trigger had either not been identified or that a decision concerning the suspect had not yet been made.

According to Omari, his clients were prepared to appear before the High Court and face the charges but remained dissatisfied with the manner in which investigations and subsequent proceedings had been conducted.

“There is malice on the information before the High Court,” Omari told the court.

Prosecution Says Investigations Period Has Ended

The prosecution opposed the defence's position, telling the court that the 21-day period granted for investigations had expired.

The State said it had since filed a charge sheet before the High Court and therefore no longer required the miscellaneous application seeking continued detention.

“The 21 days have collapsed. We now have a charge sheet. We therefore humbly request that the miscellaneous application be closed,” the prosecution told the court.

Prosecutors further informed the court that the matter had shifted to the High Court, where it had been placed before Justice Kanyi Kimondo for the suspects' first appearance.

The State asked the court to close the miscellaneous proceedings and allow the murder case to proceed through the High Court.

Court Closes Miscellaneous Files

The court subsequently marked the miscellaneous files as closed and directed Mulwa and her son to raise their concerns before the High Court, where the substantive murder case will be heard.

The development means the focus now shifts to the High Court proceedings, where the suspects are expected to formally face the charges relating to Dr Victoria Mutiso's death.

Mulwa and her son are among the suspects facing charges linked to the murder. Their lawyer's objections, however, have placed the conduct of the investigations and the circumstances surrounding the suspects' detention under renewed scrutiny.

The allegations raised by the defence remain contested, and the suspects are entitled to the presumption of innocence until the court determines the case.