A High Court judge has dismissed the late Dutch billionaire Tob Cohen’s widow Sarah Wairimu’s application seeking to stop her prosecution in the murder of her husband which shocked the nation.
In a ruling delivered on Thursday, Justice James Makau stated that his court has no jurisdiction to hear the application and ruled that the case was filed in the wrong court because his court has the same status as the other two courts where the suspect has other cases.
Wairimu has a succession case before the Family Division and a murder case before the criminal high court. She was charged with the murder of Tob Cohen in 2019 but moved to court last year through lawyer Philip Murgor claiming that her husband was murdered when she was still in custody and the body dumped in a septic tank in their Kitusuru home.
She claimed that her husband’s killers who wanted to lock her out of Cohen’s will were being protected by the protection of the Directorate of Criminal Investigations (DCI) and asked the court to declare a mistrial.
The judge ruled that Wairimu should have raised the issues before any of those two courts. “If she was dissatisfied with the ruling of either the family or criminal court she should have appealed but not pursue her case before this court, ” said the judge.
Wairimu was charged over the murder of her husband alongside Peter Karanja and were released on a cash bail of Kshs. 2 million each after pleading not guilty. .
