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

She was re-arrested on Thursday last week after the Director of Public Prosecutions Renson Ingonga stated there was overwhelming evidence showing that she murdered her husband

Businesswoman Sarah Wairimu  pleaded not guilty to a fresh charge of murdering her husband Tob Cohen in July 2019.
Wairimu took the plea after Kibera High Court Judge Diana Kavedza declined an application by the prosecution to have Wairimu taken to hospital for a second mental assessment.
In her ruling, the judge said that there is no need to subject Wairimu to the second mental test when she has already undergone the same test previously.
Wairimu denied killing Cohen on the night of July 19 and 20, 2019 at their residency in the lower Kabete area within Nairobi county jointly with others who were not before the court.
After pleading to the murder charge, Justice Kavedza directed  both prosecution and defence team led by lawyer Conrad Maloba, to return to court on Monday for highlighting of the bond application.
This is after the prosecution, represented by Sarah Ogweno, Peris Maina, Christine Timoi, Livia Gachanja, and Leon Wandera,  requested for more time to file an affidavit opposing her release on bond.
Wairimu was re-arrested on Thursday last week after the Director of Public Prosecutions Renson Ingonga stated there was overwhelming evidence showing that she murdered her husband at their home in Lower Kabete.

In court, Maloba objected another mental evaluation,  asserting that the prosecution had not provided sufficient grounds for the same.

“There is no need to subject her to another mental assessment,” lawyer Maloba argued.

The defence also questioned whether the prosecution could introduce new evidence after a nolle prosequi (to be unwilling to pursue) had previously been entered.

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

Wairimu was first arrested in 2019 after Cohen’s body was discovered in a septic tank at their Kitisuru home.

The charges come after a protracted legal battle, culminating in a public inquest filed by the Director of Public Prosecutions (DPP) at the Milimani Law Courts in April 2024.

The decision to revive the prosecution comes on the heels of a significant ruling by Milimani Principal Magistrate Eric Otieno Wambo on September 9, 2024.

Magistrate Otieno had declined to terminate the public inquest into Cohen’s death, stating that matters of such public interest required well-founded evidence from the DPP before any action could be taken.

His ruling emphasised that the public’s interest in the case warranted a thorough examination, and informal submissions by the DPP could not justify ending the inquiry.

The decomposing body of Cohen, who went missing in July 2019, was discovered weeks later in a septic tank at their Nairobi home.

The disappearance sent shockwaves through the nation, sparking widespread media attention and intense public speculation about the circumstances surrounding his death.

Following the discovery of, a massive search operation was launched, leading to Wairimu’s arrest along with businessman Peter Karanja.

However, in December 2022, the initial murder charges against Wairimu filed at Milimani High Court were withdrawn due to a lack of sufficient evidence.

The Directorate of Criminal Investigations (DCI) faced criticism for failing to provide crucial evidence such as cell phone data and witness statements, which led to the delay in the case’s progression.

Despite the setback, fresh findings from the inquiry have renewed hopes for justice, prompting the DPP to move forward with new charges against Cohen’s widow

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The case has been clouded by controversy from the start. Wairimu, who has consistently maintained her innocence, has also made explosive claims.

She has accused powerful unnamed politicians, allegedly tied to the former government, of being involved in Cohen’s death, suggesting that they were behind a plot to seize her husband’s estate and disinherit her.

She has also alleged that the police were complicit in covering up the true nature of the crime.

Further complicating matters, Senior Assistant Inspector General of Police, John Gachomo, who was part of the DCI at the time, filed an affidavit in the High Court in which he claimed to have been misled into implicating a Court of Appeal Judge in the murder.

Gachomo later disavowed the contents of the affidavit, alleging that he had been manipulated by former DCI boss George Kinoti. This new revelation introduced additional contradictions into the case, prompting the DPP to seek more time to investigate these claims and reassess the charges.

The decision to revive the prosecution comes on the heels of a significant ruling by Milimani Principal Magistrate Eric Wambo Otieno on September 9, 2024.

Magistrate Otieno had declined to terminate the public inquest into Cohen’s death, stating that matters of such public interest required well-founded evidence from the DPP before any action could be taken.

His ruling emphasised that the public’s interest in the case warranted a thorough examination, and informal submissions by the DPP could not justify ending the inquiry.

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