NOT FROM NETHERLANDS

Murgor welcomes Haji call for foreign probe into Cohen’s murder

The senior counsel says Wairimu had called for that as early as November 2019

In Summary

•Murgor also demands that the foreign investigators must not be from the Netherlands, alleging that the press in the country has been biased against Wairimu.

•Haji through a letter to police IG Hillary Mutyambai last week said he would seek to initiate the invitation of a foreign entity to unearth the circumstances of the murder.

Sarah Wairimu's father Japheth and lawyer Philip Murgor at a Milimani law court on October 11,2019.
CLAIMS SET UP: Sarah Wairimu's father Japheth and lawyer Philip Murgor at a Milimani law court on October 11,2019.
Image: ENOS TECHE

Sarah Wairimu's lawyers have welcomed a move by the Director of Public Prosecutions Noordin Haji to invite foreign investigators to probe her husband Tob Cohen's murder, but with a rider. 

Her lead lawyer Philip Murgor says his client had called for a credible foreign investigating agency, alleging that DCI George Kinoti had bungled the probe. 

The senior counsel says Wairimu had called for that as of November 2019 and early last year. 

However, the lawyers say they will not accept a foreign investigating entity from the Netherlands, claiming that the press from the country has been writing fanciful and one-sided stories about the murder.

“If investigators are from Netherlands, their perspective may be coloured by the skewed reporting by the local press,” he said. 

Haji through a letter to police IG Hillary Mutyambai last week said he would seek to initiate the invitation of a foreign entity to unearth the circumstances of Cohen murder.

The move, he said, is to ensure that qualified, competent, and comprehensive investigations are carried out on the case to ascertain which viable suspects if any may have not been charged in court but who have been mentioned adversely or are persons of interest in the murder inquiry are apprehended.

Haji has requested Mutyambai to forward his input in his suggestion or objection to the initiative.

But Wairimu's lawyer has leveraged on Haji's call, asserting that the DPP's stance shows his lack of faith in the probe and that the murder charge against her should be withdrawn. 

“We welcome the realisation by the DPP that, in fact, the probe by Kinoti is partial and skewed and hence not credible,” he told the Star. 

Murgor said Haji's call for a foreign entity underscores their belief that no policeman could professionally investigate the death of Cohen without the undue influence of Kinoti, who, they claimm is out to score an agenda.

Murgor said any further probe on Wairimu must be stopped, and the current murder charge pressed against her and her co-accused Karanja withdrawn. 

“It's now evident that fresh probe must be commenced and charges against Wairimu and Cohen withdrawn.”

Should the DPP not succeed in having a foreign entity work on the case, he said, the case should be stopped and an independent judicial officer appointed to conduct an inquest to probe the murder. 

“This will determine if evidence exists to mount charges,” he said. 

Haji had also complained in the letter that a DCI officer had an unprocedural affidavit in court alleging that he had hidden evidence that would have incriminated Court of Appeal Judge Sankale Ole Kantai concerning the murder case.

He ordered that the said officer, John Gachomo, be subjected by the IG to investigations by International Affairs Unit and the resulting file forwarded to his office for action. 

But Haji rejected the push by DCI to have the judge prosecuted alongside Sarah Wairimu and the prime suspect in the case.

“Pursuant to article 157(4) of the Constitution, I hereby direct that you cause investigations to be carried out by the Internal Affairs Unit of the National Police Service against the said John Gachomo,” the letter reads. 

 

Edited by Kiilu Damaris