Court accepts withdrawal of murder charges against Tob Cohen’s widow Sarah Wairimu
The High Court has accepted the withdrawal of murder charges against Tob Cohen’s widow Sarah Wairimu.
In a ruling on Tuesday, Justice Daniel Ogembo determined that Noordin Haji, the Director of Public Prosecutions, is free to file an inquest.
Justice Ogembo granted the DPP’s withdrawal application last week and released Wairimu and her co-accused Peter Karanja.
He stated that he was not persuaded by the victim’s arguments for the DPP’s withdrawal application.
Cohen’s sister, Gabriele Van Straten, had strenuously protested the case’s dismissal, claiming that the DPP had not told the victims’ family that he was dropping the case.
Last week, the DPP justified his decision to withdraw murder charges against Wairimu, claiming that he reviewed the murder file and advised that the case be classified as an inquest rather than murder.
The DPP stated in a statement signed by Jacinta Nyamosi that numerous elements emerged during the review of the file that were confusing, resulting in the dropping of the murder charge.
The most significant blow to the case’s demise was the now-famous Gachomo affidavit, in which he reversed earlier declarations that had implicated Sarah in the murder.
“The recent withdrawal of the affidavit by John Gachomo dealt a fatal blow to the case. Moreover, it raised serious concerns about the integrity of the whole process of investigations,” he said.
Nyamosi said in 2020 they wrote two letters directing the investigating team to cover 35 areas of investigation which to date have not been covered.
“The statements recorded by the police indicate that several cops in civilian clothes visited the compound of the late Cohen and the identity of the said officers remains undisclosed,” Nyamosi said.
According to the prosecution, he also instructed that the sub-county police commander Gigiri be probed about his interaction and relationship with Sarah, but this was also not done.
She also claims that the investigation into the alleged forgery of the transfer of shares belonging to the late Cohen has not been completed, raising suspicions about who may have committed the crime.
According to Nyamosi, the DPP decided to hold a public inquest in order to find out who was responsible for the horrible murder of the late Cohen.
However, the late Cohen’s family has filed a motion to have the case dismissed.
Sarah Wairimu Cohen was charged three years ago, but the case never went forward.
The body of Cohen, a former CEO of Philips Electronics East Africa, was found dumped in a septic tank at his home in September 2019.
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