COURT ORDER

Sarah Cohen to pick her clothes, make-up kits Monday

Cohen's widow only allowed to access the bedroom she was using at their matrimonial home on Kitusuru, Nairobi

In Summary

Her lawyer Philip Murgor claimed DPP's office had frustrated the execution of the court order

 

Tob Cohen's widow Sarah Wairimu will on Monday pick her clothes and cosmetics from their matrimonial home in Kitusuru, Nairobi.

Wairimu has been locked out of the home since last year when the man's body was found in a septic tank at the home.

Detectives said it remained a crime scene.

The High Court last week allowed Wairimu to access the home along Farasi Lane in Kitisuru to collect her clothes, make-up kit and handbags.

But a push and pull erupted between her and the offices of the DPP and the DCI, with her accusing the two of frustrating the execution of the order.

At some point, she threatened to commence contempt of court proceedings against the officers who were directly involved in the case, accusing them of disobeying the order. 

In his earlier complaint letter, Wairimu's lawyer Philip Murgor claimed that when his client sought the help of the DPP officials to enforce the court order, prosecutor Catherine Mwaniki allegedly responded to him: "No timeline given by the court."

The lawyer protested that the alleged dismissive tone of the response reeks of impunity and that it was a perpetuation of the pattern of disobedience of court orders by government officials.

On Friday, Murgor told the Star the DDP's office eventually formally served them with the court order allowing Wairimu to collect her clothes, handbag and make-up kit from the matrimonial home on Monday.

"It took DPP Noordin Haji's intervention to have us receive the order formally, even though we had served them earlier. Haji jetted back today from the UK and got in touch. He profusely apologised," the lawyer said. 

The order by Justice Stella Mutuku restricted Wairimu's access to the home only to the bedroom she was using before her arrest in connection with Cohen's murder.

The widow is facing charges of killing her husband.

She asked the court to be allowed to collect her clothes, claiming that she had nothing to wear. Subsequently, the court ordered the DCI agents and police officers to facilitate her request. 

At the same time, Wairimu notified her in-laws, Benard Cohen and Gabriele Cohen, that she intends to erect a tombstone on her husband's grave. 

Through Murgor, Wairimu wrote last Thursday to the Cohens' lawyer Cliff Ombeta explaining that she did not expect any interference from them in the process. 

She maintains that she is the one with the sole responsibility to do the ritual. However, she extended an olive branch to Cohen siblings and invited them to attend the ceremony if they wish. 

"They will be free to attend any ceremony regarding the same...," Murgor wrote to the siblings through Ombeta. 

Murgor said his client's decision to preserve the grave was due to her concern that it was neglected.

Cohen's decomposing body was retrieved from an underground water reservoir in his home on September 13, 2019.  He had been missing since July 19.

He was buried at the Jewish Cemetery along Wangari Maathai road in Pangani on September 23.

 

edited by peter obuya

 
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