Sarah Wairimu, the widow of the late billionaire Dutch Tob Cohen, has filed a case seeking to block fresh murder charges against her.
Wairimu accuses the Director of Public Prosecutions (DPP) of attempting to conceal the real perpetrators behind her husband’s brutal killing. Her petition was filed before the Constitutional Division of the High Court, where she argues that the DPP’s actions are a misuse of prosecutorial power.
In her case, Wairimu contends that the DPP initially decided not to pursue charges against her by entering a nolle prosequi but later opted for an inquest to uncover what transpired, who was involved, and the motives behind Cohen’s murder. She criticized the DPP for reversing this decision and bringing fresh charges against her, stating that this move is neither justified nor in good faith.
Wairimu’s supporting affidavit describes her as a victim of the crime, asserting that the DPP’s failure to present evidence against her for over three years, despite court orders, is a deliberate violation of her constitutional rights.
She argues, “The protracted and well-calculated delay authored by the respondent, without any reasonable explanation, has infringed on my rights to a fair trial. The decision to charge me is motivated by extraneous factors. This court must intervene to safeguard the process from abuse.”
The legal dispute follows statements made by the DPP in 2023, indicating that the inquest would allow all parties to provide previously unexplored information. According to the DPP, this process was meant to address contradictions in the case and ensure a thorough investigation. However, Wairimu has called the DPP’s decision to abandon the inquest and charge her with murder both inconsistent and suspicious.
“The respondent’s choice to terminate the inquest, which was meant to identify those behind Tob Cohen’s gruesome murder, reveals an unwillingness to find the real culprits,” Wairimu stated. “Instead, the respondent aims to punish me through compromised investigations and flawed evidence.”
Cohen’s disappearance was first reported between July 19 and July 20, 2019. Later that year, authorities discovered his lifeless body in a septic tank at his Kitisuru home in Spring Valley, Nairobi. At the time of the discovery, police had already arrested and detained Wairimu and her then-co-accused, Peter Karanja.
In her latest legal challenge, Wairimu alleges that the DPP intends to rely on the same evidence previously questioned in court. She claims that on January 22, 2025, Martin Nyuguto, the head of homicide at the Directorate of Criminal Investigations (DCI), contacted her lawyer, instructing him to accompany her to collect personal belongings.
However, the situation took an unexpected turn when authorities arrested her and arraigned her at the Kibera High Court on fresh charges.
Wairimu has strongly opposed these proceedings, labeling them a case of double jeopardy. She argues that the current charges are based on the same evidence presented in Milimani High Court Criminal Case Number 60 of 2019.
“The respondent’s decision to use evidence it has admitted has integrity issues highlights an abuse of prosecutorial powers. This action denies me my constitutional right to a fair trial,” she stated.
Wairimu’s case underscores the ongoing legal complexities surrounding Cohen’s murder, raising critical questions about the conduct of the prosecution and the search for justice.
