A Mavoko court has ordered advocate Angela Mulwa and her co-respondent to remain in police custody pending a ruling on whether detectives should be granted 21 days to complete investigations into the murder of Dr. Victoria Mutiso.
The Directorate of Criminal Investigations (DCI) moved the court through a miscellaneous application seeking custodial orders, arguing that investigators require additional time to conclude inquiries before forwarding the case file to the Director of Public Prosecutions (DPP) for further directions.
According to the prosecution, the investigation stems from a report lodged at Mlolongo Police Station on May 4, 2026, after the late Dr. Mutiso complained that several of her properties had been stolen while others were destroyed during an eviction carried out on February 12, 2026.
Investigators told the court that one of the vehicles reported stolen was later recovered at premises allegedly occupied by Angela Mulwa and another respondent identified as Masika. Police further stated that several other vehicles allegedly taken during the eviction have not yet been traced.
The DCI said detectives are also seeking to establish the relationship between Mulwa, Masika, and Rose Mbithe, who is separately under investigation over the alleged destruction of property. The prosecution maintained that the complexity of the investigations and the seriousness of the alleged offence justify the request for a 21-day detention period.
The application was strongly opposed by defence counsel Cliff Ombeta, who argued that the dispute arose from a land matter in which lawful eviction orders had been issued by a court and executed under police supervision. He told the court that the property where the eviction took place belonged to Rose Mbithe and not to either the deceased or the complainant, Ndetei.
Ombeta further submitted that investigators had already confiscated the respondents’ mobile phones and could access any additional information through court orders, making continued detention unnecessary. He also noted that the respondents were arrested on August 1, nearly six months after the eviction, arguing that they should not be detained to facilitate investigations.
The senior advocate also informed the court that Angela Mulwa has practised as an advocate of the High Court of Kenya for 26 years.
Defence lawyer Danstan Omari described the application as an abuse of the court process, arguing that related proceedings concerning the same dispute are already pending before a court in Milimani. He urged the Mavoko court to decline jurisdiction and refer the matter to the Milimani court.
Omari also submitted that Mulwa is the daughter of the complainant, Ndetei, and argued that her possession of one of the disputed vehicles should not, by itself, be construed as evidence of criminal conduct. He asked the court to release both respondents on bond.
In response, the prosecution maintained that a family relationship does not confer a legal right to retain property reported as missing. State counsel urged the court to balance the constitutional rights of the suspects with those of the victims, adding that the vehicles allegedly disappeared during the eviction and that investigations remain active.
Principal Magistrate Lilian Nyabando directed that both respondents remain in police custody until 2 p.m. on August 4, 2026, when the court will deliver its ruling on the prosecution’s application seeking a 21-day custodial order to facilitate ongoing investigations.
