The wife of missing Dutch businessman Tob Cohen wants the High Court to review a magistrate’s decision ordering her detention for five more days.
Through lawyer Philip Murgor, Sarah Wairimu says the decision to detain her was illegal.
In the alternative, Murgor is pleading with the court to release her on either bail or bond pending the investigations.
“The arraignment of the applicant without any charge or holding charge being preferred against her is in breach of her fundamental right to liberty and freedom as provided by the Constitution,” Murgor said in court.
Murgor told the court that the Kiambu chief magistrate misdirected herself in finding that there were sufficient grounds on which the applicant should have been remanded for 12 working days.
He argued that no evidence was presented before the court to prove that Wairimu was a flight risk before detaining her.
Without justifiable reasons necessitating the continued detention of Wairimu, the notice of the investigating officer does not make sense as it is illegal detention, he said.
“We kindly seek the review the process of investigations because the continued detention will make her feel the weight of being in custody and she is a law-abiding citizen”, Murgor said.
Justice Daniel Ogembo, however, directed the prosecution to respond to the application today.
On Monday Kiambu magistrate granted police 12 more days to continue detaining Wairimu.
In her ruling, chief magistrate Patricia Gichohi of Kiambu said that DCI had compelling reasons to have Wairimu detained at Muthaiga police station to enable detectives complete investigation into the missing Cohen.
Wairimu was arrested on August 29, after police had picked up and interrogated her for the third time over the disappearance of Cohen on July 19, from their Lower Kabete home.
