• The prosecution is investigating why Sarah Wairimu failed to report the disappearance of her husband 16 days after he went missing
• The Dutch businessman was last seen on July 20
The police are this morning expected to tell a Kiambu court whether they have any charges against the wife of Dutch businessman Tob Cohen, who has been missing since July 20.
The 10 days the prosecution was given by the High Court to hold Sarah Wairimu in custody as they investigated Cohen's whereabouts expired yesterday.
Justice Daniel Ogembo had on September 2 said that the orders given by the lower court for Wairimu to be held in custody were lawful but the magistrate did not consider that she had already spent about four days in custody.
“For that reason, I only reduce the detention period from 12 days to 10 which start from the day the lower court issued the orders,” Ogembo ruled on September 2.
DPP Noordin Haji and Director of Criminal Investigations George Kinoti had urged the High Court to dismiss Wairimu's application to be freed on bail.
Senior assistant prosecutor Alexander Muteti said Wairimu is likely to interfere with witnesses, some of whom she had allegedly coached on what to tell the police.
"To safeguard the interest of justice, the court should not release the suspect on bail as we have demonstrated that indeed there is interference with her servants who are persons of interest and may be witnesses in the case," Muteti said.
He said Wairimu coached her servants, including Samuel Muia who has since recanted a statement he had recorded with the police.
"We urge the court not to interfere with the Kiambu magistrate's order and disallow the suspect's application as it lacks merit," the assistant DPP said.
The prosecution is investigating why Cohen's wife failed to report the disappearance of her husband 16 days after he went missing.
"Without investigating, we cannot tell why it takes this loving wife close to 16 days to make a report. She has a theory that Cohen was picked up by a taxi or a friend on the evening of July 20," Muteti said.
He further stated, “We may be failing the people of this country, relatives and his wife if we do not answer about the whereabouts of Cohen".
On Thursday, Wairimu, through lawyer Philip Murgor, argued that the decision to detain her was illegal.
Murgor pleaded for her release her on either bail or bond pending the investigations. He said Cohen was last seen by two commercial sex workers who police have not recorded their statements.
“The arraignment of the applicant without any charge being preferred against her is in breach of her fundamental right to liberty and freedom as provided by the Constitution,” Murgor said.
He sid the Kiambu chief magistrate misdirected herself in finding that there were sufficient grounds to detain Wairimu for 12 working days.