Tob Cohen’s family has opposed the decision by DPP to withdraw murder charges against Sarah Wairimu.
Through lawyers Danstan Omari and Cliff Ombeta watching brief for the family, they have told the court that they intend to oppose the application for withdrawal.
State counsel Wangui Gichuhi has said they decided to withdraw because of the affidavit by DCI officer John Gachomo in which he retracted earlier affidavits he filed related to the case.
“An inquest we believe will serve the interest of all parties involved in this matter,” Gichuhi said
Wairimu's lawyer Philip Murgor has not opposed the application saying charges were preferred in the hope that evidence will be availed.
He says the DPP has now revealed to them that investigations were not done comprehensively in the case
He claims that they have been asking for the withdrawal of the charges for the last three years.
“All our letters were never responded to until this application today, there was even an attempt to have me charged,” Murgor says
He claims phone calls of judges and defence lawyers were tapped claiming several judges declined to hear the matter.
He says Sarah will pursue legal action against all those who violated her rights.
The victims' lawyers led by Omari argue that the DPP has not given sufficient reasons why the matter should be withdrawn.
He says the victims should be informed and in this case, they were not informed.
Ombeta says they only learnt of the withdrawal on social media.
“My Lord this was not done in good faith,” Ombeta said.
They argue that the Gachomo affidavits being mentioned by the prosecution have not been supplied to them.
Justice Daniel Ogembo will give a ruling on Tuesday next week on whether he will allow the application by DPP to withdraw the murder case.
