Fresh legal analysis has emerged in the ongoing murder case of Nairobi-based psychiatrist Dr Victoria Mutiso, with city lawyer and former Law Society of Kenya presidential candidate Peter Wanyama pointing to the doctrine of common intention as central to the prosecution’s strategy.
Dr Mutiso was fatally shot on July 29, 2026, while travelling to work in Upper Hill, in what investigators have since described as a coordinated and premeditated operation.
Detectives from the Directorate of Criminal Investigations (DCI) say the killing involved multiple actors, including financiers, police officers, and logistical support teams.
Wanyama argues that the structure of the case fits squarely within the doctrine of common intention, a legal principle that allows courts to hold all participants in a criminal enterprise equally liable, regardless of their individual roles.
“The doctrine of common intention is a legal rule that holds multiple people responsible for a crime if they shared a plan to do something illegal, even if only one person executed the act,” Wanyama explained. “Each participant is treated as if they committed the entire offence.”
According to details emerging from the investigation, the alleged scheme was executed in layers.
At the top are financiers said to have had a motive, reportedly linked to a long-standing land dispute involving property in Mlolongo. Below them is an Inspector of Police accused of coordinating the operation.
The prosecution further links several individuals to the use of two Toyota Prado vehicles believed to have been deployed for surveillance and road interception.
These include multiple accused persons identified as drivers and occupants involved in tracking and blocking the victim’s vehicle.
At the core of the operation are alleged police hitmen, one of whom is said to have pulled the trigger. Investigators claim the weapon used—a government-issued pistol—has since been recovered and linked to the suspects.
The gunmen are alleged to have acted under the direction of the coordinating officer.
A motorcyclist believed to have played a support role in ferrying one of the assailants is now considered a potential state witness.
The case is being prosecuted by Victor Awiti, while the defence team is led by Dunstan Omari alongside Shadrack Wamboi. During proceedings, the presiding judge indicated the weight of the evidence under review, noting after examining an 84-page ruling: “I am persuaded that…”
The matter continues to draw national attention, raising concerns about alleged abuse of office, the integrity of law enforcement, and the intersection of private disputes with criminal networks