Sarah Wairimu, widow of murdered Dutch Tycoon Tob Cohen failed to stop her prosecution for murder on March 11.
She petitioned before the court that her trial for murder be stopped arguing that she is being prosecuted in bad faith.
Her lawyer, Senior Counsel Philip Murgor asked the court to issue an order stopping the trial pending the determination of her petition.
File image of Sarah Wairimu and her lawyer Philip Murgor during a previous court hearing. |Photo| Courtesy|
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Justice James Makau denied the application, stating that the Constitutional and Human Rights Division of the court has no mandate over another court of similar jurisdiction.
"The court only has supervisory jurisdiction over subordinate courts and other bodies exercising quasi-judicial functions, but not on courts with concurrent jurisdictions," Justice Makau ruled.
He added that the issues raised by Wairimu in the petition were directly related to those in her succession case.
Justice Makau upheld an objection by the Director of Public Prosecutions Noordin Haji and the Directorate of Criminal Investigation (DCI) against Wairimu's petition.
The dismissal of the petition means that she would have to wait longer to access her Ksh500 million matrimonial home.
It is currently being guarded by police officers as a crime scene.
She told the court that she was entitled to half of the matrimonial home in Farasi Lane, Lower Kabete.
Justice Makau's ruling also means that she will still be unable to access her car and two dogs currently kept at the Kenya Society for the Protection and care of Animals in Karen, Nairobi.
She had argued that the court was denying her the right to inherit her husband's property.
File image of Sarah Wairimu and her lawyer Philip Murgor during a previous court hearing. |Photo| Courtesy|
