The High Court in Kibera is set to deliver a crucial ruling today on whether Sarah Wairimu will be released on bail after being charged with the murder of her husband, Tob Cohen.
Cohen’s family has also petitioned the court to bar Wairimu from accessing their former home on Farasi Lane, where the Dutch businessman’s body was discovered in an underground water tank.
During the bail hearing, Advocate Pearlyne Omamo, representing the victim’s estate, opposed her release, arguing that allowing Wairimu to return to the crime scene would interfere with crucial evidence.
“On behalf of the victim’s estate, we submit that the accused is actively interfering with potential evidence that would be furnished to this court by dint of her living and residing in the home,” said Omamo.
She further expressed concern that despite a 2019 court order by Justice Stella Mutuku barring Wairimu from the premises, she had reportedly returned during the administration of Cohen’s estate.
The Office of the Director of Public Prosecutions (ODPP) also objected to her bail application, citing the presence of two protected witnesses. Senior Assistant Director of Public Prosecutions (SADPP) Vincent Monda urged the court to allow these witnesses to testify before making a decision on bail.
“Because they are protected witnesses, these proceedings must take place in camera. Allow the two to testify before proceeding with the bail application,” he said, further requesting that their identities and voices be concealed.
The prosecution also raised concerns about Wairimu being a flight risk and allegedly interfering with witnesses, some of whom, including former household staff, have been placed under a witness protection program.
However, Wairimu’s defense, led by advocate Conrad Maloba, dismissed these claims, stating that no evidence had been presented to prove she had attempted to intimidate witnesses or evade justice.
“No evidence has been adduced to show she has attempted to circumvent the witnesses under protection program,” Maloba argued, adding that Wairimu had been living in the matrimonial home since 2022, giving the state sufficient time to gather any necessary evidence.
He urged the court to grant bail, emphasizing that there was no indication Wairimu intended to flee.
Tob Cohen, a Dutch national and former CEO of Philips Group of Companies (East Africa), was a prominent businessman in Kenya. His body was found in September 2019, hidden in an underground water tank at his residence in Mugomoini Close, Nairobi.
The court’s ruling on Wairimu’s bail application is expected to shape the next phase of the trial.
