• Kiambu court denied her bail on grounds that she may interfere with witnesses some of whom work for her.
• Prosecution objected her application to be released on bail saying she did not report to police 16 days after her husband went missing.
Image: STANLEY NJENGA
The wife of missing Dutch businessman Tob Cohen will now spend 10 days in custody instead of 12 after the High Court reviewed her detention period.
Justice Daniel Ogembo said the orders by the lower court against Sarah Wairimu were lawful "but did not consider she had already spent about four days before the ruling".
“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,” Justice Ogembo ruled.
The orders were issued on September 2 and police are on September 12 expected to either charge Wairimu or release her.
Other orders issued by the lower court will remain the same, Ogembo said.
However, the DPP Noordin Haji and the Director of Criminal Investigation George Kinoti had urged the High court to dismiss the application by Wairimu.
Senior assistant prosecutor Alexander Muteti said Wairimu is likely to interfere with witnesses, some of whom he said she had coached on what information to give to 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 told the court that Wairimu coached her servants including one Samuel Muia who has since recanted his earlier statement 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 informed the court that they are investigating why the suspect failed to report the disappearance of her husband 16 days later 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 by a taxi or a friend on the evening of July 20," Muteti said.
He further stated that “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 with the court to release her on either bail or bond pending the investigations.
“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 in court.
He told the court that the Kiambu chief magistrate misdirected herself in finding that there were sufficient grounds to detain Wairimu for 12 working days.
He argued that no evidence was presented before the court to prove that Wairimu was a flight risk.
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.
Edited by R.Wamochie