Two police officers are set to face murder charges alongside Rose Mbithe and her two children over the killing of lawyer Kyalo Mbobu.

Julius Kipkoech Cheruiyot and Kennedy Kipkemei Borboroi appeared in court as prosecutors sought orders allowing them to undergo mandatory psychiatric assessment before taking plea.

The prosecution also asked the court to order the production of Mbithe, Angela Mulwa and Chris Mulwa, who are already in custody in connection with the murder of psychologist Victoria Mutiso.

Prosecutors want the three brought before the court so they can also be charged in the Mbobu murder case.

Justice Diana Khavedza granted the prosecution’s request and directed Cheruiyot and Borboroi to undergo mental assessment at Mbagathi Hospital before plea taking.

During the proceedings, Borboroi, through his lawyer Tito Kimosop, asked the court to allow him to be detained at Muthangari Police Station instead of Nairobi Remand Prison.

Kimosop told the court that Borboroi feared for his safety because he could encounter suspects he had previously arrested during his service as a police officer.

He argued that his client risked harassment or intimidation while in custody.

Justice Khavedza, however, rejected the request, saying prison authorities have a duty to protect every suspect placed in their custody.

The judge said there was no evidence before the court to suggest that former police officers being held at Nairobi Remand Prison had been subjected to intimidation.

She cited former Nairobi Central Police Station Officer Commanding Station Emmanuel Talaam, who is currently being held at the facility, as an example.

The court subsequently ordered Cheruiyot and Borboroi to remain at Nairobi Remand Prison pending further proceedings.

The two are expected to return to court on October 27, 2026, when they are scheduled to take plea after completing the psychiatric assessment.

The prosecution’s move to have Mbithe, Angela and Chris produced in court would bring the three into a second murder case.

They are currently in custody over the killing of psychologist Victoria Mutiso and are now expected to also face charges relating to Mbobu’s death.

The latest court proceedings widen the scope of the investigation into Mbobu’s killing, with prosecutors now seeking to charge five suspects, including the two serving police officers.

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