The trial into the murder of slain Nairobi psychiatrist Dr. Victoria Nthunya Mutiso took a dramatic turn after a team of high-profile defense attorneys formally withdrew from representing three prime suspects.
Appearing before Justice Alexander Muteti at the Milimani High Court, prominent lawyers Cliff Ombeta, Danstan Omari, Sam Nyaberi, Shadrack Wambui, Martina Swiga, and Mr. Kilonzo requested that their names be removed from court records. The legal team had been representing politician Rose Mbithe Mulwa and her two children, Chris Mulwa and Angela Mulwa, who are facing murder charges alongside two other co-accused.
Addressing the court, the attorneys cited a breakdown in communication and actions by their clients that ran counter to professional legal advice. The withdrawal was triggered after it emerged that the accused persons had authored and dispatched a letter to various state organs—including the Office of the President—accusing investigators of malicious prosecution. Additionally, the suspects filed a separate bail application without the knowledge or involvement of their defense counsel while already in custody.
“I cannot be in this game… please let me get out of these proceedings,” [lawyer Cliff Ombeta told the court], emphasizing that the defense team could no longer proceed under the altered circumstances.
The sudden exit leaves Rose Mbithe and her children seeking new legal representation at a critical juncture in the trial as they prepare to argue for release on bail. Addressing the bench, Mbithe expressed regret over the departure of her legal team, stating that communication difficulties while in remand contributed to the rift.
Justice Muteti allowed the defense team’s withdrawal after the accused raised no objection. The court directed that the trial proceed once the suspects secure alternative counsel, while granting the prosecution time to respond to outstanding bail applications. The remaining two accused in the case—Police Constable Elijah Kimoi and Maritim Kimutai—are represented separately.