Justice Alexander Muteti directs Professor David Ndetei to answer questions about an affidavit opposing bail for three accused persons.
The High Court has allowed three accused persons in the Mutiso murder case to cross-examine Professor David Ndetei. They want to question him about an affidavit attributed to him opposing their release on bail.
Justice Alexander Muteti directed Ndetei to appear in court on Wednesday. He must clarify whether he personally swore the affidavit and answer questions about its authenticity and accuracy.
Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa sought the order through their lawyers. The three face murder charges in connection with the killing of Dr Victoria Mutiso.
Defence questions affidavit in Mutiso murder case
The defence challenged the circumstances surrounding the affidavit. Their lawyers said Ndetei was reportedly in a High Dependency Unit when he allegedly swore the document.
They therefore sought to establish whether he personally made the statements attributed to him. They also want to test the accuracy of the allegations supporting his opposition to bail.
The prosecution, however, opposed the application, arguing that the defence had raised the issue at the wrong stage. The State also raised objections concerning Ndetei’s mental stability.
Justice Muteti rejected those objections. He ruled that allowing the defence to question Ndetei would not prejudice the prosecution.
Affidavit cites fears over safety
The disputed affidavit urges the court to deny bail to Mulwa, Ndetei’s former wife, and her two children. It cites fears for his life as grounds for opposing their release.
The document states that Ndetei divorced Mulwa in 2001 and subsequently married Dr Mutiso. It also alleges that Mulwa and her children continued to threaten him and Mutiso.
Those allegations form part of the claims the defence now seeks to challenge. Wednesday’s appearance will allow the accused persons’ lawyers to question Ndetei directly about the document and its contents.
However, the ruling only permits cross-examination over the affidavit opposing bail. It does not determine the merits of the murder charges against the three accused persons.
