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Sarah Cohen remanded at Lang’ata Prison in revived fresh murder charges against husband

The court will also consider whether she should undergo a fresh mental assessment before facing a murder charge related to her husband’s death.

The High Court has directed Sarah Wairimu Kamotho Cohen be remanded at Lang’ata Women’s Prison until Wednesday, January 29, 2025 in revived fresh murder charges into the killing of her husband, Tob Cohen July 2019 and her subsequent acquittal in 2022.

The court will also consider whether she should undergo a fresh mental assessment before facing a murder charge related to her husband’s death.

Kibera Law Courts High Court judge Justice Diana Kavedza has set a ruling date for January 29, 2025, to determine whether she will order Wairimu go mental assessment before she pleads to the charge of murdering her husband in July 2019.

Wairimu was arraigned yesterday but she did not plea to the murder charges after the Director of Public Prosecutions (DPP), through prosecutor Vincent Monda, requested the court to order a mental evaluation for Wairimu before she pleads.

She was re-arrested on Thursday, January 23, 2025 following remarks by the DPP Renson Igonga stating there was overwhelming evidence showing that she murdered her husband at their home in Nairobi’s posh Kitusuru Estate in Lower Kabete.

However, in 20222, Wairimu was set free after former DPP Noordin Haji, now Director General of National Intelligence Service (NIS) withdrew the case citing lack of evidence and advised opening of an inquest.

Justice Kavenza noted that both parties had submitted extensive arguments, and she required more time to address all the issues in detail.

She requested additional time to evaluate all submissions before delivering her ruling.

Monda argued that this step is essential for the proper administration of justice, ensuring that Wairimu is capable of understanding the charges against her and participating in her defense.

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The DPP’s request stems from ongoing concerns about Wairimu’s mental fitness, which has been a point of contention since her arrest.

However, Wairimu’s defense team, led by lawyers John Maina and Conrad Maloba, vehemently opposed the request, arguing that their client is fit to stand trial.

According to Maina, Wairimu has actively participated in all prior court proceedings, including the murder case that had had previous been filed at Milimani High Court and an inquest into her husband’s death.

“This is not a new matter, and there is no evidence to suggest that she is unfit for trial. Our client has been mentally stable and fully engaged in these legal proceedings at Milimani Law courts,” Maina told the court.

Wairimu’s legal team also disputed the manner in which she was arrested.

Contrary to the prosecution’s claims, they stated that Wairimu had voluntarily presented herself to the Directorate of Criminal Investigations (DCI) officers at Kilimani Police Station on January 23, 2025, to retrieve her personal belongings, including her passport.

“Wairimu’s impending arraignment following her arrest on January 23, 2025, comes after the DPP received new material in relation to Cohen’s death from the Directorate of Criminal Investigations (DCI),” the DPP said in a statement on Thursday this week.

“Consequently, the DPP made an application for the termination of an inquest into the murder, which was granted. Upon independent and thorough review of the new material, the DPP is satisfied that Wairimu was involved in the death of Tob Cohen.

According to a source privy to the case, the investigators had petitioned the Director of Public Prosecutions (DPP) over the fresh evidence.

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“We (DCI) petitioned the DPP on the evidence. Directions were issued for further investigations. We have now completed filling the gaps and we are ready to prosecute,” the source indicated.

The judge is also expected to rule on whether the suspect will undergo a mental assessment following a request from the DPP presented by lawyer Vincent Monda.

Wairimu’s defence team strongly opposed the request, arguing that the prosecution had not provided sufficient justification for a second mental evaluation.

The defence also questioned the prosecution’s ability to introduce new evidence following the entry of a nolle prosequi in the case.

Monda responded by stating that the trial would address any issues regarding evidence.

The discovery of Cohen’s body in a septic tank at their Kitisuru home led to Wairimu’s initial arrest in 2019. She was charged with his murder, but the case was later withdrawn in favour of an inquest.

In 2020, Wairimu claimed in court that Cohen had been killed and his body hidden in the septic tank while she was in police custody. She alleged that the perpetrators were known individuals who were being shielded by law enforcement authorities.

In the initial trial, Wairimu and her co-accused, Peter Karanja, were charged with murdering Cohen between July 19 and July 20, 2019.

Both denied the charges before Justice Stella Mutuku and were released on a cash bail of Sh2million each.

However, Karanja was rearrested and later arraigned in Naivasha.

This decision was followed by an inquest into Cohen’s death, but the inquest was also withdrawn on December 16,2024 by the DPP further investigation.

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According to the Prosecution, the recent reopening of the case in Kibera High Court is based on new evidence, leading to the fresh charges against Wairimu.

The defense lawyers questioned whether the prosecution had sufficient grounds to pursue the case again, noting that the investigation had faced numerous challenges, including the absence of key witnesses during the earlier stages of the proceedings.

 

 

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