•However, the late Cohen's family has opposed the application to have the case withdrawn.
•Sarah Wairimu Cohen was charged three years ago and the case has never proceeded.
The High court will on Tuesday make a ruling on whether it will allow the withdrawal of Tob Cohen murder case.
Last week, the Director of Public Prosecutions defended his decision to drop murder charges against Tob Cohen’s widow Sarah Wairimu.
In a press statement, the DPP said he reviewed the murder file and recommended for the matter be registered as an inquest but not murder.
In the statement signed by Jacinta Nyamosi, DPP said several things emerged during the reviewing of the file which were unclear leading to the withdrawal of the murder charge.
But the biggest blow to the collapse of the case is attributed to the now famous Gachomo affidavit in which he retracted earlier affidavits that had implicated Sarah in the murder.
“The recent withdrawal of the affidavit by John Gachomo dealt a fatal blow to the case. Moreover, it raised serious concerns about the integrity of the whole process of investigations,” he said.
Nyamosi said in 2020 they wrote two letters directing the investigating team to cover 35 areas of investigation which to date have not been covered.
“The statements recorded by the police indicate that several cops in civilian clothes visited the compound of the late Cohen and the identity of the said officers remains undisclosed,” Nyamosi said.
The prosecution also says that he even directed that the sub-county police commander Gigiri be interrogated on his interaction and relationship with Sarah but that has also not been done.
She also says that the alleged forgery of the transfer of shares belonging to the late Cohen has not been exhausted, thus raising questions about who may have perpetrated the same.
Nyamosi said the above concerns led to the DPP making a decision that a public inquest must be held so that it uncovers the persons behind the gruesome murder of the late Cohen.
However, the late Cohen's family has opposed the application to have the case withdrawn.
Sarah Wairimu Cohen was charged three years ago and the case has never proceeded.
The body of Cohen, a former CEO of Philips Electronics East Africa, was found dumped in a septic tank at his home in September 2019.
The case will be mentioned before Justice Daniel Ogembo.
Elsewhere, Two Kenyatta University lecturers have sued their colleague for duping them over Sh1 million in a fake land deal.
They claim the lecturer sold to them "hot air" in pretence that he had plots for sale in Ruiru.