• The prosecution told the court that she killed the late Tycoon Tob Cohen in cold blood alongside her accomplices and threw his body in a water tank inside their home.
• Wairimu asked the court to release her on bail so that she can go and continue running her business, Tobs Limited, that she operated with her late husband.
Image: ENOS TECHE
The Director of Public Prosecution yesterday put up a spirited fight in a bid to lock up Sarah Wairimu in remand until her murder case is heard and determined.
In an affidavit, the DPP gave the court several reasons as so why Wairimu should not be released on bail.
The prosecution claimed she killed the late tycoon Tob Cohen in cold blood alongside her accomplices and threw his body in a water tank inside their home.
State Prosecutor Wangui Gichuhi told the court that Wairimu took 12 days after the disappearance of her husband to report to the police.
“Amongst other information received in the court of investigations it was established that Cohen was last confirmed to be at his resident at 2.30am on the material night of 19/20 while in the company of Wairimu,” she said.
The state says the widow has always maintained she was in her house on the said night that the deceased disappeared.
It was also alleged that after killing Cohen, she instructed her workers to lie about material facts, clearly intimidating them and so there is a high likelihood that if she is released she will get into contact with the key prosecution witnesses and inflict fear and anxiety on them.
Gichuhi said the postmortem examination report shows that the manner in which Cohen met his death and succumbed to the fatal gruesome injuries inflicted on him was one of premeditated intention to kill him.
The court heard that Cohen had bruises on the chest, along the arms, along the lower limbs, left thoracic area, lower thoracic to upper lumbar, left knee, ankle and right foot.
In the report filed in court by the pathologists, some of the samples collected for analysis include maggots and pupae, organ biopsies, blood from chest, kidney, a portion of the liver and brain tissue and twigs found embedded to the body for analysis.
“That in view of the above, if she is released on bail or bond noting that the memories and pain of losing a loved one are still fresh, there is a high possibility that it will lead to public outrage and disturbance noting that this matter has attracted high public interest,” she said.
Wairimu and her lawyer Philip Murgor were also accused of causing disturbance at Cohen's burial by uttering certain words, and blocking some people from entering to pay their last respects to him.
The court also heard that the investigations are still ongoing to apprehend the other suspects who the police believe were with Wairimu at the scene of crime at the time of commission of the offence. One of them, Peter Karanja, has been arraigned in court.
“The residence is a crime scene and so the accused has no fixed abode her child resides out of the country. She is a frequent flyer and if she is released on bail or bond there is a high possibility that she will abscond and therefore fail to attend trial,” the affidavit reads.
It was argued that she had not stated where she will be residing, knowing quite well the house is a scene of crime.
The affidavit also questions how she will support herself as she was fully dependent on Cohen and no testimonial from the persons willing to stand as sureties, an indication that if released, she may not comply with the court orders.
The prosecution also dismissed claims by Wairimu that the DCI wants to hand over her property to purported beneficiaries of Cohen.
On their part, through Lawyer Cliff Ombeta, Cohen siblings said she is better of where she is now because she has no home.
Ombeta said even though she has a right to bond, his client's brother did not enjoy that right when he was brutally murdered.
Further, he claimed that Gabrielle and Benard Cohen feared for their lives if she is released on bail, because even though they were abroad, they would be coming back to Kenya from time to time.
In her defence, Wairimu asked the court to release her on bail saying there were no compelling reasons to detain her.
Through lawyer Murgor, she dismissed the claims and accused the DCI of colluding with the DPP so as to take her matrimonial property.
“You have taken her home of 30 years and now say that Lang'ata should be her home? Lang'ata is not a good place to be, ”Murgor said.
Murgor said if the house is indeed a crime scene, the widow has several places where she will stay and the friends and family were in court.
He said Wairimu will stay at a Mama Lucy Mwangi in Kileleshwa or Betty Wamaitha, who lives at State House road.
The two women and their father were asked to stand so that the court could see them.
Murgor added that Wairimu's dad, who stays in Nakuru, was also ready to stay with her.
Wairimu asked the court to release her on bail so that she can go and continue running her business, Tobs Limited, that she operated with her late husband.
She also said she has been in custody for the last 38 days and the business is collapsing while she is in custody.
Murgor said there was no evidence produced in court so far that would link her to the said offence of murder.
Justice Mutuku said she will deliver a ruling on the matter on Friday next week.