• Sarah said the DCI "is pretending to conduct a permanent examination and forensic investigation of her home with no end in sight".
Image: ENOS TECHE
Murdered Dutch businessman Tob Cohen's widow Sarah Wairimu wants the Directorate of Criminal Investigations ordered to hand over her two Rottweilers.
Sarah in a fresh application on Wednesday said the DCI is in illegal possession of her home and her property, which amounts to a gross violation of her rights.
Her two dogs Major and Snow, a Labrador/Rottweiler breed and a Rottweiler/Doberman breed, were taken by the DCI to an unknown location. She has listed them among other things she wants to be allowed to collect from her Sh400 million matrimonial home in Kitisuru.
Her advocate Philip Murgor on October 30 applied orally to court for access to her home to enable her pick her personal items and valuables. She was then directed to file a formal application, which they did on Wednesday.
Sarah in the new application says the DCI took over possession and custody of her home and all her possessions including her clothes, cars, shoes, electronics and dogs on September 10, when the agency stationed officers at the premises to provide 24-hour security. The DPP and DCI, she says, also took over possessions belonging to the couple’s daughter.
Sarah said the DCI "is pretending to conduct a permanent examination and forensic investigation of her home with no end in sight". To date the DCI, she says, has not served her with an inventory of her home and the items therein and she is apprehensive as to the security of her home and the valuable items.
She says the DCI has not filed any application before court to continue to hold her home and the contents and has not put in place any structures to ensure reasonable care is taken to preserve her property.
“It is only just and fair that I be allowed access, custody and possession of my matrimonial home while on bail and as I await my trial before the court,” reads her affidavit.
Sarah said she has been forced to buy new clothes to get by and has had to depend on the good will of friends and family when traveling to and from court and on other business as she does not have access to her vehicle, which circumstances have greatly increased her cost of living.
Sarah wants the court to order that her home and all its contents situated on LR No. 2951/449 at Farasi Lane, Mugumoini Close, Lower Kabete be handed back to her, after taking of an inventory and account of all property that was taken over by the DCI on September 10.
In the alternative, she wants the court to issue an order allowing her to access her home for purposes of collecting all her clothes, shoes, handbags, grooming tools, wearable items, food stuffs and beverages of a perishable nature, including alcoholic and soft drinks stored in the kitchen, her office and daughter's bedroom.
Other things she wants to be allowed to collect are crockery, cutlery, crystal glasses in the kitchen drawers, valuable electronics, artwork, a generator, lawn mower, golfing equipment and furniture.
Also sought is an order requiring the DCI to release her personal motor vehicle registration number KBW 171G.
She says court should order that all movable items in her home which do not form exhibits and she has not collected be stored by the DCI .