The High court has allowed lawyer Philip Murgor to continue representing Sarah Wairimu, widow to Dutch tycoon Tob Cohen.
Justice Stella Mutuku said it was clear that it's not in dispute that he was appointed as a public prosecutor.
Last week, Cohen's family lawyer Cliff Ombeta opposed Murgor's representation of Wairimu arguing that he was still a public prosecutor since his gazette notice had not been revoked even though he resigned.
"There is no dispute that he tendered his resignation. He has been attending to other court matters," Mutuku said.
Mutuku added that Murgor has interacted with ODPP in other matters and they have never raised any issues.
"No person should be forced to remain in office. The publication of the gazette notice is meant to inform the public and has no bearing on the resignation," she said.
"I find that Murgor is properly before this court."
Further, Sarah who was accused of murdering Tob Cohen denied the charges before the court.
It is alleged that between July 19 and 20 she murdered Cohen. Murgor has asked the court to hear their bail application
Prosecutor Catherine Mwaniki says they need time to contact the witness protection program.
"We don't want to expose the identity of witnesses at this stage. We will use some of their statements to show the court the compelling reasons," she said.
