The fatal shooting of clinical psychologist Dr Victoria Mutiso has brought renewed attention to a bitter matrimonial property dispute that has spanned more than two decades, with investigators examining whether the long-running legal battle could hold clues to the killing.
Dr Mutiso, the wife of Professor David Musyimi Ndetei, was shot dead on July 29 in Nairobi’s Upper Hill area after gunmen on a motorcycle opened fire on the vehicle she was travelling in before fleeing the scene.
The killing came barely a year after the assassination of Nairobi lawyer Mathew Kyalo Mbobu, who had represented Prof Ndetei in protracted litigation over a prime parcel of land in Athi River that has been at the centre of numerous civil court battles.
According to court records and investigators, the dispute traces its roots to the 2001 divorce between Prof Ndetei, a renowned psychiatrist and academic, and his former wife, Rose Mbithe Mulwa, after a 31-year marriage.
The divorce triggered extensive litigation over matrimonial property, including ownership of L.R. No. 1504/13, a more than 20-acre parcel near Mlolongo whose value has risen sharply because of rapid urban development and its strategic location along the Nairobi-Mombasa highway.
In 2002, Ms Mulwa filed a suit seeking a share of the former couple’s assets under the Married Women’s Property Act of 1882.
The courts ultimately ruled against her principal claim for distribution of the property, but the matter gave rise to numerous appeals and related civil proceedings that have continued for years.
The land has also featured in separate commercial disputes involving financial institutions and environmental litigation.
Prof Ndetei successfully sued a neighbouring factory over alleged environmental damage to the property and was awarded substantial damages.
Court records show that Mbobu acted for Prof Ndetei during much of the litigation.
At one stage, part of the land was registered in the advocate’s name, a move that Ms Mulwa challenged in court, alleging it was intended to defeat her claim.
The dispute later sparked a separate defamation case filed by Mbobu against Ms Mulwa.
Following subsequent court decisions, the property was eventually registered in the names of Prof Ndetei and Dr Mutiso.
Investigators say the land dispute continued to generate fresh litigation. Earlier this year, disagreements over enforcement of court orders culminated in a contested eviction exercise at the family’s Athi River property.
Dr Mutiso later reported to police that homes were demolished, property destroyed and several vehicles taken during the operation.
She also alleged that attempts to report the matter were frustrated, claims that form part of the ongoing investigations.
The Directorate of Criminal Investigations (DCI) has told the court that detectives are examining whether there is a connection between the September 2025 killing of Mbobu and the July 2026 shooting of Dr Mutiso.
In documents filed before the Milimani Law Courts, investigators said they are pursuing several lines of inquiry, including the possibility that both attacks may be linked to the long-running property dispute.
Detectives have cited similarities in the execution of the two shootings, although no court has made any finding connecting the incidents.
Immediately after the July 29 assassination along Ralph Bunche Road, DCI forensic teams swept the Upper Hill crime scene.
They successfully extracted two spent cartridges and one bullet head, forwarding them to the National Forensic Laboratory for instant ballistic profiling.
Detectives also seized and locked down the taxi involved for deep forensic examination while pulling CCTV footage from all surrounding office buildings to map the getaways.
The primary breakthrough occurred when surveillance teams tracked the registration and chassis details of the Toyota Prado used by the spotters to block Dr. Mutiso’s taxi.
DCI data banks revealed that the SUV was not a randomly bought vehicle; it was explicitly identified as one of the vehicles reported missing or stolen during the disputed, hostile February 12 demolition of Dr. Mutiso’s family compound in Mlolongo.
This provided immediate, actionable proof connecting the homicide back to the land battle.
Homicide detectives audited records at local police stations and pulled a critical report from the Kilimani Police Station.
They confirmed that exactly 24 days prior to her murder, Dr. Mutiso reported surviving a July 7 ambush near Junction Mall, where motorcycle-riding men pointed a gun at her.
In that active file, her husband, Prof. David Ndetei, had recorded a formal statement explicitly naming his son, Chris Mulwa, as the armed pillion passenger riding that motorcycle.
Armed with the vehicle nexus and the prior identification, an elite DCI operational team staged a midnight raid at Rose Mulwa’s family residence in Karen.
During the sweep, detectives seized Over 40 mobile phones, a Mitsubishi Pajero vehicle, and multiple personal electronic devices and computers.
Cybercrime and forensic units are currently auditing these mobile phones to map out call data logs, geographical tracking trails, and financial transactions.
Detectives believe these communication trails will link the mother and son directly to the contract hitmen, who are still at large.
Following Dr Mutiso’s killing, homicide detectives arrested Ms Mulwa and her son, Chris Mulwa, as investigations intensified.
The suspects were presented before the Milimani Law Courts, where the DCI sought orders to detain them for 30 days to allow detectives to analyse mobile phones and electronic devices seized during searches, review financial transactions, examine communication records and continue tracing other suspects believed to have been involved.
Investigators told the court they fear releasing the pair could interfere with ongoing investigations or compromise digital evidence.
The court ordered the suspects held pending a ruling on the application.
The two remain suspects, and no court has determined their criminal liability. Investigations into the murder of Dr Mutiso and the earlier killing of Mbobu are continuing.
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