Sarah Wairimu, wife of murdered Dutch tycoon Tob Cohen, will know her bail fate on Friday, October 11, after she pleaded not guilty to murder charges levelled against her.
On Friday, Ms Wairimu, the prime suspect in Cohen’s murder appeared in Milimani Law Courts where her lawyer, Philip Murgor, stated the reasons why she should not be denied bail.
The court heard that the prosecution has not tabled any evidence linking the defendant to the death of the businessman.
Murgor further argued that his client is not a flight risk, hence, should be freed on bail, which he said is her constitutional right.
He had earlier termed the continuous detention of his client as a violation of her rights and detention without trial. Wairimu has been in custody for 38 days since she was arrested on August 28.
Read: Relief For Sarah Wairimu As Court Rules Murgor Is Not A State Prosecutor
On the other hand, the prosecution, represented by Catherine Mwaniki, is opposed to Ms Wairimu bail application on the basis that she will interfere with witnesses.
Cohen’s family lawyer Cliff Ombeta is also opposed to the defendant being released on bail stating that she is a “dangerous person” further urging the court to protect the witnesses.
The criminal lawyer noted that the hearing can go on while she is in custody.
Yesterday, Ms Wairimu took a plea after the court allowed Murgor to continue representing her.
Ombeta had challenged her representation arguing that Murgor was a state prosecutor.
Read Also: Cohen’s Wife Sarah Wairimu Fails To Take Plea As Prosecution Accuses Her Of Contempt
He 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resigned as a public prosecutor in March, was still a state prosecutor as the gazettement of his appointment had not been revoked.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.
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.
Read Also: Sarah Wairimu Whisked Away From Cohen’s Burial As Crowd Hurled Stones At Car
Police are also holding Peter Karanja, estranged husband to Gilgil MP Martha Martha Wangari, who is accused of helping Ms Wairimu eliminate Cohen.
The court has directed that he undertakes a mental test at Mathari Hospital on Tuesday, October 8.
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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