City lawyer Angela Mulwa accused of being involved in the murder of her stepmother Dr Victoria Mutiso has suffered a major blow after a Nairobi court dismissed her challenge to the DCI’s fresh detention bid.
Milimani Magistrate Joan Mati has dismissed lawyer Mulwa’s preliminary objection challenging the court’s jurisdiction to hear a fresh application by DCI seeking to detain her for 14 days to complete the probe over her role in the murder of her stepmother Dr Mutiso.
The ruling clears the way for the DCI to proceed with its application seeking more time to complete investigations into Mulwa’s alleged role in the killing.
Magistrate Mati held that Mulwa’s objection could not be determined as a pure point of law because the parties had disputed whether the current murder investigation overlaps with an earlier case filed in Mavoko over forgery of title and theft of motor vehicles in which she had been detained and later released.
“The preliminary objection is therefore dismissed,” Magistrate Mati ruled.
The magistrate said the court would need to examine evidence to determine whether the current investigation concerns the same matter previously placed before the Mavoko court, an overlapping matter or a distinct investigation.
“The question whether the matters now raised are new, overlap with the previous investigation, or constitute a distinct investigative issue must be established in the proper manner,” she said.
The DCI has asked the court to allow it to hold Mulwa for 14 days as detectives pursue several outstanding lines of inquiry into Dr Mutiso’s killing.
According to fresh court papers, investigators allege that Mulwa was present on April 24, 2026, when Sh300,000 was allegedly paid as a down payment for an earlier attempt to kill Dr Mutiso.
“She was present on April 24, 2026, during the payment of the Ksh300,000 down payment for the deceased to be murdered, which failed to materialise,” the DCI alleges in its application.
Detectives further allege that Mulwa maintained frequent communication with senior police officer Kenneth Sang, whose firearm they claim was used in the murder.
The DCI also claims that preliminary investigations have placed Mulwa at the centre of events surrounding the demolition and eviction of property linked to the long-running family and land dispute.
“That preliminary investigations have established that the respondent (Angela Mulwa) played a vital role in the brutal murder of Dr Victoria Nthunya Mutiso, as she was present at the eviction and demolition of property LR No. 1504/3,” the investigators state.
The investigators want more time to analyse forensic evidence, electronic communications and CCTV footage, as well as trace other suspects believed to be connected to the killing.
The DCI says releasing Mulwa before completing the investigations could expose the probe to interference, including possible contact with witnesses and suspects who remain at large.
The murder investigation dates back to July 29, when Dr Mutiso was fatally shot while travelling in a vehicle in Nairobi’s Upper Hill area.
Detectives say two spent cartridges and bullet fragments were recovered from the scene and subjected to forensic analysis.
A Mini Jericho pistol, serial number 47302127, was also recovered and subjected to ballistic examination.
The DCI says preliminary ballistic analysis linked the recovered ammunition to the firearm, which investigators allege had been issued to Sang.
Before her death, Dr Mutiso had reportedly raised concerns about her safety.
Investigators say she reported on July 7 that two armed men on a motorcycle confronted her near Junction Mall along Ngong Road and allegedly pointed a firearm at her.
Mulwa had previously been detained in connection with investigations involving alleged theft of vehicles, land-related disputes and other offences linked to the wider investigation.
She was subsequently released on Sh 1 million bond.
Her lawyers argued that the fresh application was connected to proceedings previously handled by a court of concurrent jurisdiction and that Milimani could not circumvent the earlier orders.
But Magistrate Mati found that determining whether the two sets of proceedings concern the same subject matter would require evidence and could not be settled through submissions by advocates.
“An advocate cannot tender evidence from the bar,” she said.
The magistrate emphasised that todays ruling did not determine whether Mulwa should ultimately be detained for 14 days.
“The Court makes no determination at this stage on the limits of the application substantive application for detention,” the ruling states.
The substantive DCI application seeking Mulwa’s detention will now be considered by the court.
