A dramatic development unfolded at Milimani High Court on Tuesday when a team of defence lawyers representing Rose Mbithe Ndetei and her two children abruptly withdrew from the high-profile murder case of Dr Victoria Nthunya Mutiso.
Cliff Ombeta, Danstan Omari, Samson Nyaberi and other counsel informed Justice Alexander Muteti that they no longer wished to act for Mbithe, Chris Mulwa and Angela Mulwa. The decision followed concerns that documents had allegedly been filed without the clients’ consent.
The withdrawal came shortly after the three, together with Police Constable Elijah Kibelion Kimoi and Maritim Kimutai, pleaded not guilty to murder charges arising from the killing of Dr Mutiso in Nairobi on July 29, 2026.
Justice Muteti granted the lawyers leave to withdraw, stressing that the accused could not be compelled to retain counsel 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 Mbithe.
Mbithe, who has spent about two months in custody, expressed dismay at the sudden departure of her legal team. “It is unfortunate that the lawyers are leaving us at this point of need. There are some things … some information they did not have. Apparently they have not come to see us in person so that we can inform them,” she told the court.
She said she had hoped the lawyers who first took on the case would see the proceedings through, adding: “I do not want to force them because I called them because of their expertise … We have been behind bars for 60 days.”
Chris Mulwa also told the court that the relationship with the lawyers had ended.
“It is unfortunate that our journey between Cliff Ombeta and other lawyers has come to an end and we can’t force them,” he said.
The lawyers’ decision to step down followed the revelation of a letter purportedly written by the accused that accused investigators of malicious prosecution and was copied to various authorities, including the Office of the President.
Reportedly, the trio also filed a bond/bail application seeking their release without the knowledge or input of Ombeta, Omari and the rest of the defence team.
State counsel Jalson Makori requested 14 days to respond to the issues raised. Ombeta, for his part, told the court he wished to exit the proceedings entirely.
The DPP approved murder charges against Maritim last week, bringing the number of accused persons in the case to five.
Police Constable Kimoi and Maritim are represented separately in the proceedings.
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