NAIROBI, Kenya — Lawyers Danstan Omari and Cliff Ombeta have withdrawn from representing three accused persons in the murder case involving Dr Victoria Mutiso.
Justice Alexander Muteti on Tuesday allowed the two lawyers, alongside other members of the defence team, to cease acting for Rose Mbithe Mulwa, her son Chris Mulwa and daughter Angela Mulwa after the three accused persons raised no objection to the withdrawal.
The three are jointly charged with the murder of Dr Mutiso alongside Police Constable Elijah Kimoi and Maritim Kimutai, who are the fourth and fifth accused persons respectively.
All five accused persons have pleaded not guilty to the murder charges.
Accused Raise No Objection
The issue of legal representation was addressed before the court could proceed with the pending bail applications.
The lawyers informed the court that they no longer wished to represent Rose, Chris and Angela.
Rose told the court that there were issues the accused persons needed to clarify with their legal team, including information and evidence that had not been discussed with their advocates.
The court also heard that the lawyers had been unable to meet the three accused persons in remand to discuss some matters they considered important to their defence.
The accused persons subsequently confirmed that they had no objection to the lawyers withdrawing from the case.
Justice Muteti said the accused persons could not be compelled to retain advocates who no longer wished to represent them.
“It’s your right. You know you are the accused person in this matter, and whatever you think is in your best interest as an accused person must be taken into account,” the judge told Rose.
The judge subsequently allowed the lawyers to withdraw.
Defence Raises Detention Concerns
The court also heard allegations concerning the treatment of the accused persons while in custody, with the defence raising claims of torture during their detention.
The accused further sought to raise issues surrounding documents, identification cards, and passports they said were taken from a house during an eviction.
Justice Muteti directed that such matters could be addressed during the trial through witnesses and evidence.
“You will have all the time in this court to put all those issues to the witnesses when we come here,” the judge said.
Bail Hearing Put On Hold
The prosecution opposed the accused persons’ applications for bail and sought additional time to respond.
State counsel Jalson Makori told the court that the prosecution needed time to address issues raised by the defence, including a letter that the State said it had received concerning a complaint against investigators.
Justice Muteti directed the Office of the Director of Public Prosecutions (ODPP) to file and serve an affidavit responding to the bail applications within three days.
The advocates who will take over representation of the first three accused persons will then be allowed to file supplementary affidavits, alongside lawyers representing the fourth and fifth accused.
The bail applications will be considered after the prosecution files its response.
Five Face Murder Charges
Police Constable Elijah Kimoi and Maritim Kimutai are represented separately in the proceedings.
Kimoi is alleged by the prosecution to have fired the fatal shot.
The allegation remains part of the prosecution’s case and has not been determined by the court.
The five accused persons are jointly facing murder charges and have denied the allegations.
