The High Court in Nairobi has denied bail to Sarah Wairimu who stands accused of orchestrating the brutal murder of her husband, Tob Cohen, in 2019.
The ruling comes as the prosecution raised serious concerns over potential witness interference, leading the court to remand Wairimu in custody at Lang'ata Women's Prison until crucial testimony is presented.
In her ruling on Tuesday, February 18, Lady Justice Diana Kavedza stated that the prosecution had presented enough evidence to suggest a strong risk of witness intimidation should Wairimu be released on bail.
She emphasized the gravity of the case, noting that the murder of Cohen was a matter of significant public interest and involved the loss of a life in a heinous manner.
“It is my considered view, therefore, that the principle of justice and public interest outweigh the accused's right to liberty at this stage,” she stated.
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Kavedza underscored that the integrity of the trial must be safeguarded, particularly by protecting the witnesses from any form of interference.
"Given the unpredictable nature of when and from where the threats arise, Court maintains the authority to implement protective measures for witnesses at any stage of the proceedings to ensure their safety and the integrity of the judicial process," she added.
As part of the ruling, the court specified that Wairimu would remain in custody until after two key witnesses testify on camera.
This ruling is a major boost for the Director of Public Prosecutions (DPP) in the ongoing trial.
Following a comprehensive review of the case, DPP Renson Ingonga had determined that there was sufficient evidence to charge Wairimu with the murder of her husband.
In light of this, the DPP successfully applied for the termination of an inquest into the murder, paving the way for the fresh charges.
“The Office of the Director of Public Prosecutions remains steadfast in executing its mandate, with due regard to public interest, the administration of justice, and the prevention of abuse of legal process,” the DPP stated in a press release on Thursday, January 23.
Cohen, a 71-year-old Dutch businessman and former CEO of Philips Electronics East Africa, was reported missing in July 2019.
After an extensive search, his body was discovered in September 2019, concealed in a septic tank at his residence.
Following the discovery, Wairimu and businessman Peter Karanja were arrested and charged with his murder.
However, in November 2022, the DPP withdrew the charges due to insufficient evidence, opting instead for a public inquest to determine the circumstances surrounding Cohen's death.
