Dr. Mutiso murder: Court allows Mulwas to cross-examine of Prof. Ndetei
A Kenyan court has ordered Prof. Ndetei to undergo cross-examination regarding an affidavit he filed against his former wife and her children, who are accused of murdering Dr. Mutiso. The defense requested the testimony to challenge the document's authenticity, citing concerns about the professor's health and mental state at the time of signing.
Why it matters
This ruling highlights the legal scrutiny applied to evidence in high-profile criminal cases and the importance of verifying witness testimony when mental capacity or authenticity is contested.
In a ruling delivered by Justice Alexander Muteti, the court directed Prof. Ndetei to appear and answer questions on whether he personally swore the affidavit and the truthfulness of its contents.
Ndetei is expected to appear on Wednesday this week for cross-examination.
"The prosecution will not suffer any prejudice if Prof. Ndetei is called from cross-examination," the court noted.
The application was filed by Rose Mbithe Mulwa, Angela Mulwa and Chris Mulwa, who are charged in connection with Dr Mutiso’s killing.
Through their lawyers, the accused persons questioned the authenticity of the affidavit, arguing that Prof. Ndetei was reportedly admitted to the High Dependency Unit (HDU) at the time he is alleged to have sworn the document.
The defence argued that cross-examination was necessary to establish whether the affidavit was genuinely made by Prof. Ndetei and to test the accuracy of the statements contained in it.
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