• According to Murgor, the two dogs disappeared and they might have been stolen further claiming that they overheard that they might be at the police dog section department.
• Assistant DPP Alexander Muteti said if indeed Wairimu knows where the dogs are they should tell the state.
Murdered Dutch businessman Tob Cohen’s widow Sarah Wairimu and the state yesterday engaged in a back and forth over the disappearance of her two dogs.
Wairimu, through her lawyer Philip Murgor, said that the two dogs Major and Snow a Labrador/Rottweiler breed and Rottweiler/Doberman breed, have been missing for a while from her home.
According to Murgor, the two dogs disappeared, and they might have been stolen, adding that they overheard the canines might be at the police dog section department.
However, Assistant DPP Alexander Muteti said if indeed Wairimu knows where the dogs are, she should tell the state.
The state said it did not know where Major and Snow are and the accused is in a better position to tell the court where they are.
Murgor questioned the state’s narrative of not knowing where the dogs were, saying the canines were at the house when the police took over the home.
They argued in the application where Wairimu had asked the court to give her back her matrimonial house.
She said she wants the whole compound and all its contents, including her dogs, cars, personal effects and kitchen appliances, among other things.
Wairimu also said that their business Tobs Ltd is on the verge of collapse if she will not be allowed to go back to her house, where the company is operated from.
But, the DPP opposed the application by Wairimu, saying that Cohen’s house had been identified as the primary scene of crime and forensic analysis and investigations are still ongoing.
“If handed over to Sarah, there is a possibility that she will interfere with the crime scene,” Muteti said.
He said that any property owned by Cohen or jointly owned by the two, including their dogs, are issues that cannot be determined by that court. Muteti said that the court is not a succession court to determine what property belonged to the deceased and Sarah.
“To allow Sarah access to the property as prayed for would compromise investigations,” he added.
He argued that the police have not taken the property from her, but are simply preserving the scene of crime.
Muteti said that the car Wairimu is asking for has been listed as one of those vehicles that swabs were taken and the results are not ready.
He also opposed Wairimu accessing the house saying swabs were done in every corner of that house and if the DNA was to connect any of these items to the killing, then it would be used to prove the murder case.