TUSSLE

Ombeta wants 'public prosecutor' Murgor out of Cohen's murder case

He said his appointment as a public prosecutor disqualifies him in the ongoing case.

In Summary

• Lawyer Ombeta questioned if Murgor can work for the state and defense at the same time.

• Murgor said he was  appointed through a gazette notice in January but after wasting two months of his profession.

Lawyers Philip Murgor and Cliff Ombeta at a press conference on the burial of Tob Cohen on Thursday, September 19, 2019.
Lawyers Philip Murgor and Cliff Ombeta at a press conference on the burial of Tob Cohen on Thursday, September 19, 2019.
Image: EZEKIEL AMING'A

Lawyer Cliff Ombeta wants his learned friend Philip Murgor barred from representing Sarah Wairimu, the widow of slain businessman Tob Cohen.

Ombetta who is representing Cohen's family in the case told the court on Thursday that Murgor is a gazetted public prosecutor who should not represent the defence.

Ombeta in his argument claimed that Murgor was appointed as a public prosecutor in January 2019 for a period of two years.

 

But Murgor in his rejoinder said he was appointed through a gazette notice in January but after wasting two months of his profession, he quit.

He said that he resigned in March and he was not given any work.

"When a person resigns that's the end of everything including the gazette notice. I will not read contents of the resignation out of respect for Noordin Haji," Murgor told the court.

State Prosecutor Catherine Mwaniki asked the court to defer Wairimu's taking of a plea to allow her to ascertain whether Murgor's appointment was revoked.

The court adjourned until October 1 which is the new date which Wairimu is to take a plea for the murder of her husband.

Meanwhile, Mwaniki asked the court to find Wairimu and Murgor as having been in contempt of orders gagging the parties.

The prosecutor told the court that Wairimu threatened her co-conspirators at the burial of the deceased.

She said that this amounts to Wairimu disobeying Justice Lessit's order not to address the media.

Murgor dismissed the DPP's assertion and said that the allegations of disobedience is very serious and needs a proper application.

He accused Mwaniki of lying[ arguing that no one breached the court order no one discussed investigations.

"What Sarah did was a normal thing for a widow who was mourning her husband. No lines were crossed at the burial by my client," Murgor said.

During the burial of her husband, Wairimu warned his killers who she said were at the graveside, that their days are numbered.

The lawyer said that it is the DCI boss  George Kinoti who has been talking to media especially the Dutch papers.