Sarah Wairimu, the widow of slain Dutch tycoon Tob Cohen, has suffered a major setback after the High Court in Kibera denied her request to be released on bail pending trial.
In her ruling on Tuesday, July 8, Lady Justice Diana Mochache stated that Wairimu would remain in custody at Lang’ata Women’s Prison.
The court held that there had been no sufficient change in circumstances to warrant a review of the previous decision denying her bail.
This is the second time Wairimu’s attempt to secure her freedom before trial has been rejected.
The prosecution, led by Acting Deputy Director of Public Prosecutions Vincent Monda, opposed her renewed application, citing several grounds including witness intimidation, tampering with the crime scene, and her status as a flight risk.
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“The court found a likelihood of witness interference and flight risk, as Sarah had fraudulently obtained a second passport while the first was in police custody.
“The court emphasized the importance of protecting witnesses and the integrity of the criminal justice system," read a statement from the Office of the Director of Public Prosecutions (ODPP).
In addition to denying bail, the court also allowed the defense team to access the crime scene where Cohen is believed to have been murdered.
The matter is scheduled to be mentioned again on July 30 for further directions.
Earlier in the year, Wairimu was rearrested and charged afresh with murder of her husband.
In a statement on Thursday, January 23, the DPP said the new development followed overwhelming evidence linking Wairimu to the murder.
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.
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.
