My ex-wife is a 'pathological liar', Prof Ndetei tells court in Mutiso murder case

 

Ndetei confirmed that he personally swore the affidavit on October 5, 2026, insisting that its contents were truthful and that he feared for his safety and that of his family. [Nancy Gitonga, Standard]

A tense courtroom confrontation erupted as Professor David Ndetei faced his ex-wife Rose Mbithe and their two children over an affidavit opposing their release on bail in the murder case of Dr Victoria Mutiso.

The confrontation unfolded on Wednesday before Milimani High Court Judge Alexander Muteti, where Ndetei was cross-examined by the three accused persons’ lawyer, Joel Mbaluka, over claims that they had threatened him and his late wife.

Ndetei confirmed that he personally swore the affidavit on October 5, 2026, insisting that its contents were truthful and that he feared for his safety and that of his family if the accused were released.

Asked about his signature and the circumstances under which the affidavit was prepared, the professor maintained that he had signed the document while at his office, where he was conducting research, attending to patients, hosting international meetings and to his professional duties.

The cross-examination turned personal when the professor was questioned about his relationship with Mbithe, whom he said he had not seen for more than 30 years after she deserted their matrimonial home on September 19, 1996.

“She is a pathological liar,” Ndetei said while responding to questions concerning allegations made against him by his former wife over violence and beatings.

He denied claims that he had subjected Mbithe to violence, which her lawyer had raised during the proceedings.

Ndetei told Justice Muteti that he had received threats before the death of his wife, Dr Mutiso, and claimed that the threats had also been reported to the police.

The court heard that on several occasions Mbithe and his son Chris threatened to take everything from him and leave him destitute.

"I have fear for my life because of the history I have had with my former family. On several occasions Mbithe and my son Chris told me that " l take everything from you and reduce you to a chokora"... They have been very vocal on leaving me without anything," Ndetei told the judge.

The professor further told the court that he had attempted to report the threats at Mlolongo Police Station but claimed that the officer commanding the station, identified as Mugambi, declined to record their statements.

He said he repeatedly encountered Mbithe, his son at the police station in the company of the OCS, who declined to record statements from him and his late wife, Mutiso.

Ndetei said he eventually escalated the matter to senior authorities where the OCS was compelled to take their report statements from " orders from above"

Rose Mbithe and her son had also questioned the mental fitness of her estranged husband, Prof David Ndetei, claiming he was not of sound mind.[File, Standard]

The court also heard that Mbithe, her son and daughter planned his eviction and demolition of their Sh1.5 billion matrimonial home in Mlolongo.

"These are thugs, especially Mbithe alongside her children. They came to evict me, and my late wife, Mutiso, and they sent me away with nothing; that young boy (Chris) and young girl (Angela) were coordinating the looting in my house," he said.

He maintained that the threats preceded his wife's killing and formed part of the reasons he opposed the release of the accused on bail.

In the affidavit, Ndetei had warned that releasing Mbithe and her children could expose him and other witnesses to intimidation or interference.

“Because of the history between us, I have a genuine fear that, if released on bond, the accused persons, acting individually or together, will contact, intimidate, bribe or otherwise influence witnesses against me to affect the evidence given at the trial. I also fear for my own safety and that of my family,” he stated in the affidavit.

Mbithe and her children, through their lawyer Mbaluka, had challenged the affidavit, questioning whether Ndetei was mentally and physically capable of swearing it and alleging that someone else could have signed it on his behalf.

The defence had told the court that the professor was reportedly unwell and admitted at Nairobi Hospital around the time the document was prepared, claims that prompted Justice Muteti to reopen the bail proceedings to allow cross-examination.

The judge had ruled that the defence could question Ndetei on the authenticity of the affidavit and the truthfulness of its contents, but restricted the examination to the issues already raised in the application.

The proceedings are part of the pre-bail hearing involving seven people charged over the July 29, 2026, killing of Dr Mutiso, who was shot dead along Mawensi Road in Nairobi's Kilimani area.

Those charged include Mbithe, her children Chris Mulwa and Angela Mulwa, and four other suspects, among them police officers Elijah Kibelion Kimoi and Collins Bett Kiplangat.

Meanwhile, the court was told that the Independent Policing Oversight Authority was yet to complete its investigations into allegations raised by the accused persons concerning their arrest and treatment.

The authority said it had interviewed all the accused but was still expected to speak to other relevant family members and secondary witnesses before completing its report.

The probation office also sought more time to prepare pre-bail reports for the accused, citing the need to complete the required assessments.

The court directed that the outstanding reports be pursued, with the matter scheduled for mention on November 4, 2026, virtually.