The family of Tob Cohen and the Director of Public Prosecutions (DPP) have called on the court to prevent Sarah Wairimu from accessing the Farasi Lane residence, where Cohen’s body was discovered. The family’s request comes amid ongoing proceedings, with the DPP also opposing Wairimu’s bail application.
In her arguments against bail, Advocate Pearlyne Omamo, representing the DPP, told Justice Diana Kavedza that allowing Wairimu to return to the residence could hinder the ongoing investigation. Omamo emphasized that the property remains a critical crime scene where key evidence and testimony are expected.
“On behalf of the victim’s estate, we submit that the accused presence at the property may interfere with potential evidence that would be furnished to this court by din’t of her living and residing in the home,” Omamo stated.
The DPP expressed concern after it was revealed that, despite a 2019 court order by Justice Stella Mutuku barring Wairimu from returning, she had somehow managed to access the property.
The prosecution opposed Wairimu’s bail, citing the safety of two witnesses currently under protection.
Senior Assistant Director of Public Prosecutions (SADPP) Vincent Monda informed the court that the witnesses were prepared to testify, but their identities and voices must remain concealed to protect them.
“The witnesses’ identities should be protected, and their voices distorted to avoid any risk,” Monda said.
The DPP’s office emphasized that granting Wairimu bail could compromise the safety of these witnesses and interfere with critical evidence. Monda added that the court should hear testimony from these witnesses in private before considering Wairimu’s bail.
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Some of the prosecution’s witnesses are close friends and former workers of both Wairimu and the late Tob Cohen.
Witness Intimidation and Threats
Monda revealed that several of these witnesses had reported being intimidated and threatened by Wairimu’s proxies, leading to their placement under the witness protection program.
In her defense, Advocate Conrad Maloba argued that the reasons provided by the prosecution and Cohen’s family were insufficient to deny Wairimu bail.
“No evidence has been presented to show that Sarah has attempted to circumvent the witness protection program,” Maloba said.
Maloba further pointed out that Wairimu has lived in the matrimonial home since 2022, giving the state ample time to assess the property since 2019. He also emphasized that there is no evidence to suggest Wairimu poses a flight risk.
The court will now consider both sides of the argument before delivering a ruling on Wairimu’s bail application. Justice Diana Kavedza is expected to make her decision on February 18.
