Businesswoman Sarah Wairimu has pleaded not guilty to charges of murdering her late husband, Dutch businessman Tob Cohen, in July 2019. Her plea came after Justice Diana Kavenza, sitting at the Kibera High Court, declined her application for a second mental examination before taking the plea. In her ruling, Justice Kavenza stated that there was no justification for subjecting Wairimu to another mental evaluation since she had already undergone the required test previously.
Following her plea, the judge directed both the prosecution and the defence, led by lawyer Conrad Maloba, to return to court on Monday for bail application hearings. The prosecution intends to file an objection to Wairimu’s release on bond, while the defence will submit a response challenging the objection.
Wairimu was re-arrested last Thursday after Director of Public Prosecutions (DPP) Renson Igonga declared that fresh evidence pointed to her involvement in Cohen’s murder at their Lower Kabete home. The defence, however, objected to the request for a second mental evaluation, arguing that the prosecution had not provided valid grounds for it.
“The prosecution has not demonstrated why another mental assessment is necessary,” lawyer Maloba argued in court. The defence also questioned whether the new evidence could be introduced after a nolle prosequi had been entered in the case previously.
Wairimu was initially arrested in 2019 after Cohen’s decomposed body was discovered in a septic tank at their Kitisuru residence. The gruesome find sparked widespread public interest and media scrutiny. The initial charges against her were withdrawn in December 2022 due to insufficient evidence, with the Directorate of Criminal Investigations (DCI) facing criticism for failing to provide crucial cell phone data and witness statements, delaying the case’s progression.
The case took a new turn in April 2024 when the DPP filed a public inquest at the Milimani Law Courts. This legal battle culminated in a key ruling by Milimani Principal Magistrate Eric Wambo Otieno on September 9, 2024, in which he declined to terminate the inquest. The magistrate emphasized that the public’s interest warranted a thorough review of the case, asserting that informal submissions from the DPP were insufficient to justify closing the inquiry.
Wairimu has consistently maintained her innocence, claiming she is the victim of a political conspiracy. She has alleged that powerful figures from the previous government orchestrated Cohen’s murder to seize his estate and disinherit her. Additionally, she has accused the police of complicity in covering up key aspects of the crime.
Adding to the controversy, Senior Assistant Inspector General of Police John Gachomo, who was involved in the initial investigation, filed an affidavit in the High Court stating that he had been misled into implicating a Court of Appeal judge in the murder. He later retracted the affidavit, alleging he had been manipulated by former DCI boss George Kinoti. This development has added further contradictions to the case, prompting the DPP to seek more time for investigations.
With fresh evidence coming to light, the prosecution now seeks to revive the case, aiming to secure justice for Cohen’s family. As the legal battle continues, all eyes remain on the court proceedings to determine the fate of Sarah Wairimu and whether she will be granted bail or remain in custody pending trial.
