Tob Cohen murder case: Sarah Wairimu denied bail

Kibera High Court has declined to release Sarah Wairimu on bail, citing serious concerns over witness intimidation, flight risk and interference with the scene of crime.

Delivering the ruling, Lady Justice Diana Kavedza said the court had already found that there was a “real likelihood” of the accused interfering with witnesses. 

The court noted that during the proceedings, the accused was alleged to have threatened a police officer in the presence of the court.

“This court wonders,” the judge said, “if the accused person is capable of intimidating an armed police officer in the presence of the court, what is she capable of doing out there where the court’s eyes and ears are not present?”

The court stated that Wairimu needed to show remorse before any bail application could be considered.

“It is therefore my view that the accused needs to first show remorse before this court can vacate its orders,” the judge ruled.

An earlier request for a bond rebate was denied on similar grounds. 

The court directed that any future bail consideration would require Wairimu to swear an affidavit assuring that she would not intimidate or approach any witnesses.

The judge reiterated that witness protection was paramount to the integrity of the criminal justice process. 

“Witnesses are the heartbeat and the lifeblood of a criminal trial,” the judge said.

“Interference with witnesses undermines the criminal justice system and the integrity of the criminal process.”

Referring to the Witness Protection Act, the court emphasised that any acts aimed at influencing or threatening witnesses justified limiting the accused’s right to liberty under Article 49(1)(h) of the Constitution.

The court also considered new evidence presented by the prosecution led by Vincent Monda suggesting Wairimu is a flight risk. 

It was established that she obtained and used a second passport while her initial one remained in police custody.

“The fact that the accused person could obtain a second passport while another passport was with the police cannot be ignored,” the judge said.

“If the court was to release her and order her to deposit her passport, how would it prevent her from obtaining a third one?”

Wairimu had claimed she was coerced by the Directorate of Criminal Investigations (DCI) into obtaining the document, but the court found her explanation unconvincing and unsupported by evidence.

In addition to witness concerns, the court also cited interference with the crime scene. Wairimu admitted to renovating a property which was the subject of the case.

“I already found that the scene of crime in this case had been interfered with by the accused person,” the judge noted. 

“The need to safeguard and preserve the scene of crime militates against releasing the accused person on bail.”

Justice Kavedza noted, “The principles of administration of justice and public interest outweigh the right to personal liberty of the accused at this point.”

The court directed that Wairimu remain in custody at Lang’ata Women’s Prison until the trial is concluded. 

The next mention of the case was set for July 30, 2025.