The High Court has declined to release murder suspect Sarah Wairimu on bail to protect two key prosecution witnesses set to testify in her trial. Wairimu, who is accused of murdering her Dutch husband, Tob Cohen, in July 2019, will remain in custody until the two witnesses give their testimony.
Justice Diana Kavedza, sitting at the Kibera High Court, ruled that Wairimu would be held at Lang’ata Women’s Prison until the protected witnesses had testified. At the same time, the judge dismissed an application by the prosecution to deny her bail on the grounds that she was a flight risk. The prosecution’s claim was contested by Wairimu’s defence team, led by lawyer Conrad Maloba, who argued that she has been out on bail for six years without interfering with witnesses.
Maloba pointed out that Wairimu was initially charged with Cohen’s murder at the Milimani High Court on 12 September 2019 and granted cash bail of Sh2 million, which was refunded in November 2022 after the Office of the Director of Public Prosecutions (ODPP) dropped the case.
The lawyer also opposed the prosecution’s request to bar Wairimu from accessing Cohen’s home in Kitisuru, asserting that it was their matrimonial home, not solely the deceased’s property. Maloba further argued that Wairimu had been residing in the home since 2022, giving the state ample time to assess the premises since Cohen’s murder in 2019.
Justice Kavedza ruled that there was no evidence proving Wairimu was a flight risk, given that she had faced the same charge for years without attempting to flee the court’s jurisdiction. “I find that the prosecution has provided sufficient grounds that there is a real likelihood of interference with witnesses. In the circumstances, I decline the accused person’s application for bail. The accused shall remain in custody until two key witnesses have testified,” Justice Kavedza ruled.
The court agreed with the ODPP’s concerns regarding possible witness interference and the need to uphold the integrity of the trial. Justice Kavedza outlined evidence presented by the prosecution, indicating that Wairimu or her associates had attempted to intimidate key witnesses, some of whom were her employees.
“The evidence on record shows that attempts were made by Wairimu or her associates to intimidate the witnesses, thereby deterring them from giving testimony against her,” the judge stated. The prosecution established that Wairimu had a superior-subordinate relationship with the witnesses, making them vulnerable to intimidation. “I noted that the key prosecution witnesses are well known to the accused, as they were both employees of Wairimu and the deceased. In her affidavit, she does not deny this fact,” the judge added.
“It is also uncontested that the witnesses reported acts of intimidation to the police, supported by several Occurrence Book (OB) numbers submitted as evidence by the prosecution,” Justice Kavedza noted.
While declining to grant Wairimu bail, the judge underscored the public interest in the case, highlighting the gruesome nature of Cohen’s murder. She emphasised that while the accused has the right to liberty, this must be balanced with the victim’s right to justice and the need to ensure a fair trial.
“In light of the likelihood of witness interference and the necessity of safeguarding the trial’s integrity, I am of the considered view that public interest and the principles of justice outweigh the accused’s right to liberty at this stage,” the judge ruled.
The court’s decision follows the DPP’s opposition to Wairimu’s release, citing the risk of witness tampering before their testimonies in the murder trial. The prosecution argued that the two protected witnesses’ testimonies were crucial in proving circumstantial evidence against Wairimu, who, along with accomplices still at large, is accused of murdering Cohen on the night of 19-20 July 2019.
“The ODPP intends to rely on the evidence of these two witnesses, as well as Wairimu’s conduct during the deceased’s disappearance and inconsistencies in her responses to investigators, to build a strong case against her,” state prosecutor Monda told the court.
Cohen, a Dutch national, was a businessman in Kenya and held various executive positions, including as CEO of Philips Group of Companies (East Africa). His murder shocked the nation after his body was discovered inside a septic tank at the couple’s Kitisuru home in July 2019.
Wairimu and her then-co-accused, Peter Karanja, were arrested following the discovery. In 2020, Wairimu denied involvement in her husband’s death, claiming that Cohen was murdered by individuals known to her and that she was being framed.
