Accussed Rose Mbithe, Chris Mulwa, Angela Mulwa, Julias Cheruiyot and Kennedy Kipkemei appear before Justice Diana Kavedza in the murder case of lawyer Kyalo Mbobu for plea taking at Kibera High Court, October 27, 2026. /LEAH MUKANGAI

The presiding judge in the murder case of lawyer Kyalo Mbobu has cautioned lawyers representing the suspects against causing them unnecessary anxiety, urging them to exercise patience as the trial progresses.

Justice Diana Kavedza, sitting at the Kibera High Court, noted that murder cases often take time to conclude but assured the defence team that she would do her best to expedite the proceedings.

“You will have to master patience if you do not have it,” she said.

“Justice is not a Concorde to New York Express; justice is the train of 1905 from Nairobi to Kisumu — third class. So you will have to note that justice in my court is not a Concorde. Stop creating anxiety for your clients,” she said.

The remarks came as the defence team sought the release of the suspects on bail and bond terms, expressing concern that the case was taking too long.

Rose Mbithe Mulwa, her daughter Angela Mulwa, her son Chris Mulwa, police constables Julius Kipkoech Cheruiyot and Kennedy Kipkemei are among the suspects linked to Mbobu’s murder on September 9, 2025.

All denied the charges while appearing before the Kibera Law Courts on Tuesday for plea-taking.

Justice Kavedza said the trial would be conducted in accordance with the law, stressing that all suspects appearing before her would be treated equally, regardless of their status.

“There is nothing special about the clients. They are all clients; we treat them equally. We balance the scales of justice, consider the victims and consider public interest — no high blood pressure, no anxiety. Calm down,” she said.

The judge reminded the police officers among the accused that they were not the only people in custody, adding that their status would not influence the administration of justice.

“Justice is just blind; it does not look at status,” she said.

She urged the suspects to remain patient as the court considered their case, promising to make every effort to avoid unnecessary delays in delivering her ruling.

“So do not be anxious. Just be slow and wait for justice, and you will get your justice because you are before a court of law. I will try very much not to delay my ruling,” she said.

Tensions briefly rose during the proceedings when the defence lawyers became agitated after the Director of Public Prosecutions sought leave to file an affidavit opposing the suspects’ release on bail.

The defence team argued that the prosecution had been given sufficient time to complete investigations into the murder and questioned the need for further delays while the suspects remained in custody.

Lawyer Black Omanga strongly objected to the prosecution’s application, arguing that it was improper for the State to introduce an affidavit that had not been filed beforehand.

“It would be quite improper, irregular, unfair and, I would dare say, even illegal for the prosecution to come to court this morning with the audacity to inform the court that they have an affidavit which they have not filed,” Omanga said.

The prosecution objected to his use of the word “audacity”, prompting the lawyer to explain that his choice of words reflected his offence at the application.

Justice Kavedza intervened, reminding the lawyers that courtroom proceedings required professionalism and restraint.

“Don't, you are a lawyer, you don't get offended. You come to court, you argue your case — it's a battle of wits, counsel,” she said.

She then granted the lawyers a 10-minute break to allow them to compose themselves before resuming the proceedings.

“What I'm going to do is to give all of you a break. Go out, relax your moods and come and address me. Adjourned for this case, step out,” she directed.

The judge reiterated that the court must be addressed with decorum at all times.

When the proceedings resumed, Justice Kavedza directed the parties to confirm on November 19, during a virtual court session, whether the pre-bail reports had been submitted.

The confirmation will pave the way for the bail proceedings and a ruling scheduled for November 24, 2026.