Courts

DPP wants court to deny Sarah Cohen bail until protected witnesses testify

The  application was, however, opposed by the defence team led by lawyer Conrad Maloba. They urged the court to reject the application, saying their client has been out on bond  for the last six years

The Director of Public Prosecutions (DPP) Renson Ingonga  has urged the High Court to deny Sarah Wairimu bond until two key protected witnesses testify in the murder of her husband Tob Cohen.

Through Senior Assistant Director of Public Prosecutions Vincent Monda and  from the Homicide Department Sarah Ogweno, the DPP opposed bail application by  Wairimu, saying the suspect is likely to interfere with the two protected witnesses.

They told Justice Diana Kavedza  that the DPP intends to rely on the two to secure the conviction of Sarah who has been charged with murder contrary to section 203 as read together with section 204 of the Penal Code where she is accused of murdering Cohen on the night of July 19-20, 2019, jointly with accomplices at large.

“The office of DPP wants to rely on the evidence of the two and Sarah’s conduct during the disappearance of the deceased and inconsistencies in her responses to investigators to build circumstantial evidence against her,” said Monda.

The  application was, however, opposed by the defence team led by lawyer Conrad Maloba. They urged the court to reject the application, saying their client has been out on bond  for the last six years.

Lawyer Maloba reminded the court that Sarah had been charged in relation to Cohen’s murder on September 12, 2019 and released on a bond of Ksh 2 million which was later released to her in November 2022 after the ODPP dropped the case.

The lawyer also opposed an application to order her out of Cohen’s home, maintaining it was not the deceased’s home but their (Sarah and Cohen’s) matrimonial home.

 Maloba said none of the reasons advanced by the prosecution and family were not compelling enough to deny her bail.
“No evidence has been adduced to show she has attempted to circumvent the witnesses under the  protection programme,” he said.
He further pointed out that Sarah has been living in the matrimonial home since 2022 providing ample time for the state to assess it from 2019.
In urging the court to grant her bail, Maloba emphasized that there is no evidence to suggest Sarah may flee.
Tob Cohen hailed from the Kingdom of Netherlands and was a businessman living in Kenya holding various positions including that of CEO of Philips Group of Companies (East Africa).
His lifeless body was found in an underground water tank at his residential home located along Farasi lane in Mugomoini Close.

Monda and Ongweno relied on the affidavit of veteran homicides investigator, Assistant Superintendent of Police (ASP) Maxwell Otieno, to oppose bail and bond terms and to demonstrate Sarah’s ability to interfere with the witnesses which they say will collapse their case against her.

See also  DPP granted two decide if to charge man accused of killing his wife with murder

“In the course of investigations, we established the Embassy of the Kingdom of Netherlands had contacted the accused person (Sarah) on July 25, 2019 to enquire on the whereabouts of the deceased and that she informed them that he (Cohen) had left the country (Kenya) for Thailand on July 20, 2019,” states Otieno in the affidavit.

“Upon contacting the Kenyan Immigration Department, on information pertaining to the deceased’s flight itinerary, on the stated dates, we received information that the deceased never travelled outside Kenya as alleged by the accused.”

These inconsistencies in Sarah’s response is part of what the DPP wants to use to prove that Sarah had a motive and intention of murdering Cohen. The witnesses worked for the suspect and lived in the matrimonial home along Farasi lane in Lower Kabete, Nairobi County.

The DPP says Sarah had also interfered with the witnesses during the investigations of the murder, before the deceased’s body was recovered in a septic tank inside the compound.

These two are the witnesses the ODPP is intending to use to demonstrate prior planning for the murder of Cohen at the opening of the case.

“After the murder (of Cohen), the accused person instructed her workers to lie about material facts clearly intimidating prosecution witnesses,” Otieno’s affidavit reads in part indicating the witnesses’ statements on their intimidations were recorded.

“The accused person having been informed of the inquiry of the whereabouts of Cohen, she made a report of missing person at the Spring Valley police station under Occurrence Book (OB) number 17/6/8/2019.”

See also  High Court puts off plea taking by EADB top official in Tuju case

The affidavit says Sarah has made attempts to contact the former employees to implore them not to testify in the case and there is apprehension that she is likely to coerce and influence them so that they do not attend the court.

The investigator says the court should take notice that the suspect is charged alongside others at large and if released on bond, she is likely to interfere with the arrest of the accomplices.

The ODPP also wanted the suspect ordered out of the home which is a scene of crime.

In support of the DPP’s application,the family of the late Tob Cohen is seeking to prevent Sarah from accessing the house on Farasi Lane, where his body was discovered.

In opposing her bail, lawyer Pearlyne Omamo told the court that allowing her to return to the scene would constitute a grave miscarriage of justice, as it is crucial to the current case where material evidence and key testimony are expected to emerge.
“On behalf of the victim’s estate, we submit that the accused is actively interfering with potential evidence that would be furnished to this court by din’t of her living and residing in the home,” she said.
She expressed shock upon learning that, during the administration of the victim’s estate, Sarah had somehow managed to return to the house where Cohen’s body was discovered.
Justice Stella Mutuku had in 2019 directed that she shouldn’t return to the Farasi lane house.
The ODPP also opposed her release on bail at this stage citing the presence of two witnesses under protection.
Monda told the court that they are ready and willing to avail the witnesses to testify as soon as possible and thereafter Sarah can renew her bail application.
Monda requested that the  witnesses’ be concealed and voices be distorted during their testimony.
“And because they are protected witnesses, these proceedings must take place in camera. Allow the two to testify before we can proceed with the bail application,” he said.
Other reasons advanced to deny her bail were Sarah interfering with witnesses and being a flight risk.
Some of the witnesses lined up by the prosecution are Sarah’s and Cohen’s close friends and former workers at their residential home.
“Some of the Prosecution witnesses expressed having been intimidated, threatened by the accused and her proxies leading to them being placed under witness protection program,” said Monda.

The judge will on February 18 deliver her ruling on whether or not to deny Wairimu bond pending the hearing of the two protected witnesses.

See also  Sarah Wairimu denies killing her husband Tob Cohen as judge rejects second mental test

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button
error: Content is protected !!