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High Court to Rule on Bond for Rose Mbithe and 7 Others on December 3 Over Dr Victoria Mutiso’s Murder
"It is not the intention of the probation officer to delay this matter as alleged by Mbaruka. We are doing our level best to make the social inquiries and file the report within three weeks,' Musitia said.
The High Court will determine on December 3, 2026, whether to release on bond Rose Mbithe, her two children, Chris and Angela and five others.
Justice Alexander Muteti set the date after a senior police officer, Inspector Kipkemboi Sang, who had been on the run, was charged over the clinical psychiatrist, Victoria Mutiso, on July 29, 2026.
Inspector Sang denied killing Dr Mutiso, and his lawyer applied for his release on bail, which was opposed by a prosecuting counsel, Victor Owiti.
Owiti told the court that the case against Inspector Sang would be consolidated with seven others.
Justice Alexander ordered the probation department to avail a pre-bail report for Sang on November 30, 2026.
Meanwhile, the court directed the probation office to file within 14 days a pre-bail report in respect of Rose, Chris and Angela, PC constable Elijah Kemboi, PC Kibet, Maritime Kimutai and Pius Muiru, who was arrested in Uganda, where he fled to Uganda after the killing.
At the same time, the judge declined an application by a defence lawyer, Joel Mbaruka, to separate the cases between Rose Mbithe, her children and that of other suspects in respect of bond determination.
The judge said that separating the accused persons would jeopardise the rights of the accused persons who were jointly charged.
He further said that, for purposes of continuity and clarity, the matter shall be tried together.
Mbaruka had claimed that his client had been interviewed by the probation office and the report is ready.
The lawyer said that the probation office was delaying the case by failing to interview victims and relatives of the co-accused.
A probation officer, Bernard Musitia, told the court the Nairobi office has requested their account offices in Machakos, Bomet and Baringo to forward recommendations after the social inquiries in respect to the accused persons from those regions.
Musitia sought three weeks to complete the exercise,
“It is not the intention of the probation officer to delay this matter as alleged by Mbaruka. We are doing our level best to make the social inquiries and file the report within three weeks,’ Musitia said.
The officer assured the court that the report will be ready within that time as they have contacted their police bosses in those areas in respect of the accused.
Mbithe told the court that he has no relative living in Machakos who can be interviewed since she resides in Karen. “I left Machakos in 1969 after completing her studies at Machakos Girls, and I have never gone back.”
In a brief ruling, the judge said he would decide the matter with or without the probation officer’s report.
