The development emerged on Wednesday during a virtual mention before Justice Alexander Muteti. State Counsel Jalson Makori informed the court that the Director of Public Prosecutions had completed investigations and filed an information seeking to prosecute Mbithe and her two children for murder.
The prosecution also requested that the case be consolidated with two related matters involving other suspects linked to the killing, including a police officer who has been in custody pending the conclusion of inquiries. Justice Muteti directed that the cases be handled together and that all the accused persons appear in open court for plea-taking on Tuesday, September 29.
Defence lawyers, led by Danstan Omari, urged the court to ensure the suspects are physically produced rather than having the plea process conducted virtually. The judge accepted the request for an in-person appearance.The case arises from the fatal shooting of Dr Mutiso in Nairobi’s Upper Hill area on July 29, 2026. Mbithe and her daughter Angela had earlier been brought before the High Court while detectives sought more time to complete their probe. Prosecutors noted that the two had not recorded statements while in police custody during the pre-charge period.
Mbithe and her children have denied any involvement in the killing. They claim their arrest and the planned charges form part of a broader persecution by powerful individuals, with Mbithe pointing to a valuable parcel of land as a possible underlying issue. She has also stated that she was married to a professor for approximately 25 years, beginning when he was a second-year medical student. Investigators are examining an alleged romantic relationship as one of the circumstances surrounding the death. The three will have the opportunity to respond to the murder charges when they are presented in open court next week.