The Directorate of Criminal Investigations (DCI) boss George Kinoti has accused lawyer Philip Murgor of using Sarah Wairimu’s case to settle scores with the prosecution and investigators.
This is following a contempt application filed at the High Court by Wairimu, the prime suspect in Dutch tycoon Tob Cohen’s murder, against the top detective and the Directorate of Public Prosecution (DPP).
In his response, Kinoti says the contempt application is a blatant abuse of advocate-client privilege with the advocate using the application to channel his long-standing malevolence against the DPP and DCI.
Kinoti further argues that the accused is using the application to advance her defence “prematurely”.
“The court should take judicial notice that Sarah Wairimu and her lawyer Phillip Murgor have since before and after the arrest been on every media and forum in Kenya including YouTube giving an alternative narrative of the material circumstances on this case and if anyone is in contempt of the court it is the duo,” he says.
In the response filed by his lawyer Donald Kipkorir, the detective states that Wairimu’s application is a calculated move to control investigations in the husband’s murder case.
“The application is a deliberate and contrived scheme by the applicant and her lawyer to prematurely argue her innocence,” says Kinoti.
He noted that the application is an attempt aimed at undermining prosecution and investigation agencies.
He says the court has no jurisdiction to hear the application as no consent of the DPP was sought nor granted to institute criminal contempt proceedings.
Kinoti further states that the DCI is allowed by law to provide information on where a crime has been committed.
“It is the duty of Law Enforcers Worldwide to provide full information where crime has been committed, ”reads the responses.
In her application last week, Wairimu wants the DCI boss, senior Nation editor John Kamau and The Star reporter Juma Victor Owiti jailed for six months for contempt of a valid court order.
The order, which was issued on September 16 by justice Jessie Lesiit, barred parties in the case and the press from publishing details touching on investigations into Cohen’s death.
She also wants the office of the DCI and that of the DPP fined for contempt for sharing details touching on the case.