Five Lawyers Withdraw from Rose Mbithe Mulwa Murder Case
Five defence lawyers have withdrawn from the murder case against politician Rose Mbithe Mulwa, her two children, a police officer and a private investigator, leaving the accused without their previous legal team as they challenge allegations of mistreatment in custody.
The lawyers, Cliff Ombeta, Danstan Omari, Martina Swiga, Sam Nyaberi and Shadrack Wambui, announced their withdrawal before the High Court on Tuesday.
Ombeta told Justice Alexander Muteti that the accused had filed applications, including a request for bond, without consulting their lawyers. He said the defence team and the accused were no longer working towards the same objectives.
Ms Mulwa objected to the withdrawal, saying she and her children were being abandoned at a critical stage of the case. She also accused her lawyers of failing to visit her in prison. The 75-year-old politician further alleged that police had tortured her during her detention and said she was now passing blood in her urine. She claimed that while some suspects were held for 30 days, she and her children were detained for 60 days.
Prosecutors confirmed that the accused had written to President William Ruto about their treatment in custody. The letter was also copied to Interior Cabinet Secretary Kipchumba Murkomen and Inspector-General of Police Douglas Kanja.
The accused alleged that police had treated suspects differently, favouring some while subjecting others to harsher conditions. Prosecutor Jalson Makori told the court that the Director of Public Prosecutions was reviewing the complaints before issuing a formal response.
Ms Mulwa also denied involvement in the killing of psychiatrist Dr Victoria Mutiso. She instead linked the case to a long-running land dispute in Mlolongo, describing Dr Mutiso as her former co-wife.
She alleged that police had forcibly evicted Dr Mutiso from the disputed property and removed documents and vehicles from the site. Justice Muteti allowed the five lawyers to withdraw and ordered the prosecution to file an affidavit within three days responding to the allegations of torture.
The judge also directed newly engaged lawyer Joel Kyatha Mbaluka to respond to an affidavit filed by investigating officer Corporal Romana Oduor. The officer alleges that the accused carefully planned and carried out Dr Mutiso’s murder.
The application for bond is scheduled to be heard on 6 October.
