Relief For Sarah Wairimu As Court Rules Murgor Is Not A State Prosecutor

Philip Murgor will continue to represent Sarah Wairimu in the Tob Cohen’s murder case, the court has ruled.

In her ruling on Thursday, Milimani Law Courts Judge Stella Mutuku ruled that Ms Wairimu’s representation by the lawyer doesn’t raise conflict of interest issues in the case.

Cohen’s family lawyer Cliff Ombeta had challenged the representation of Ms Wairimu, a prime suspect in the late businessman’s murder, by Murgor arguing that he was a state prosecutor.

The criminal lawyer argued that Murgor, who resigned as a public prosecutor in March, was still a state prosecutor as the gazettement of his appointment had not been revoked.

“Is this not a matter of public interest,” Ombeta posed.

In a letter seen by Kahawa Tungu, the former DPP says, four months after his appointment, he was not assigned any duties neither was he consulted by the office of the DPP, despite rules of engagement barring him from undertaking other legal works.

Read: Cohen’s Wife Sarah Wairimu Fails To Take Plea As Prosecution Accuses Her Of Contempt 

Murgor also complained that the office of the DPP led by Noordin Haji had been reluctant to accord him security, as one of the agreements of engagement.

Senior assistant DPP Catherine Mwaniki on Monday told the court that Murgor’s appointment gazetted in January 2019 is yet to be revoked.

According to Ms Mwaniki, the DPP’s office is in the process of degazetting the lawyer.

Justice Stella Mutuku, however, said that Murgor’s resignation as a public prosecutor was enough as no one can be forced to remain in office against their will.

Following the ruling Ms Warimu was allowed to take a plea. She denied murder charges levelled against her.

Read Also: Sarah Wairimu Whisked Away From Cohen’s Burial As Crowd Hurled Stones At Car

The court has set her bail ruling to Friday, October 4.

The prosecution is opposed to Ms Wairimu being released on bail and had requested for five days to complete witness protection processes.

Police are also holding Peter Karanja, estranged husband to Gilgil MP Martha Martha Wangari, who is accused of helping Ms Wairimu eliminate Cohen.

Cohen’s body was retrieved from an underground water tank at his Kitisuru home on Friday, September 13, nearly two months after he went missing.

He was interred on Tuesday, September 24, at the Jewish cemetery in Nairobi.

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