Cohen's widow wants bench to hear case seeking her prosecution

Tob Cohen’s widow Sarah Wairimu wants a three-judge bench to hear an application to quash her murder charge.

Wairimu was charged with the murder of her husband in 2019 but the trial has never started to date.

Lawyer Philip Murgor told the court on Wednesday morning that their application should be heard by a bench because it raises substantial issues of law.

Murgor further told Justice Grace Nzioka that his client, Wairimu, has been caught up in the middle of an active dispute between the Director of Public Prosecutions and the Directorate of Criminal Investigations that had played out even in the media.

He gave an example of Justice Sankale Ole Kantai case at the High Court where, according to Murgor, the DCI is represented by the Attorney General while the DPP has hired his own independent lawyers.

Murgor also accused the DPP prosecutors of being investigators in the murder of Cohen which he said was unlawful.

“My lady, state counsel Wangui Gichui has no business addressing you in this case because she was an investigator and we submit that the ODPP in its entirety cannot prosecute this case at all because they were the investigators,” Murgor said.

He further said that they will be seeking a mistrial if the prosecutors proceed with the matter.

Murgor said that the ODPP and the DCI have refused to supply them with the evidence of the murder charge his client was charged with which is a violation of her rights.

He said the DCI and DPP are frustrating his client because they want to disinherit her of her matrimonial property that she got with her late husband.

In response, the DPP, through Gichui, opposed the application for empanelling of a bench.

“The court will be abusing its jurisdiction by entertaining this matter that has been filed by the accused persons,” Gichui said.

She also said the court should be guided by various case laws that deal with the substantive issues of law, saying Wairimu’s case does not meet the threshold for empanelling a bench.

“My lady...it will be a waste of resources if the matter is referred to the CJ [Chief Justice] and it can also cause the issue of backlog,” she said.

Gichui further said that issues raised by Wairimu can be dealt with by a single judge of the High Court.

“Each High Court judge has authority to determine any matter that has jurisdiction.  The matters raised are not complex and even if it were it does not mean the judge cannot handle it,” she said.

She also said allegations that they were investigators in the matter were false  because there are laid down guidelines and parameters when it comes to investigations.

(edited by Amol Awuor)