The High Court in Nairobi has this morning released Tob Cohen’s widow Sarah Cohen from custody on a 4M cash bail. This follows a long and a protracted battle by her defense team led by Lawyer Philip Murgor to convince the courts to free her on bail. In the ruling, the court however insists, Sarah will not be entitled to her matrimonial home and if she needs anything there she can apply for authorities and give particulars.
In the ruling, the Judge Stella Mutuku also has warned Sarah not to contact any of Tob Cohen’s siblings as well as her siblings. She is to provide testimonials of from friends and family she is to stay with once out of custody.
Last week, through lawyer Cliff Ombeta, Gabrielle and Bernard Cohen insist that their sister-in -law is, Sarah Wairimu better off in Lang’ata Women’s Prison.
“She is better of where she is now, she has no home …Keep her in custody…If the body was found at their home, then she is a dangerous person,” Ombeta submitted.
While insisting that Wairimu should be denied bail, the lawyer argued that the accused person should be held until when all witnesses have testified in the case.
The Prosecution echoed Ombeta’s sentiments claiming that Wairimu has made several attempts to interfere with witnesses.
State Counsel Wangoi Gichuhi argued that if released on bail, Wairimu will abscond court and even threaten witnesses lined up to testify against her.
“The accused person has admitted to not having a fixed aboard and releasing her on bail will jeopardize the case,” she told the court.
The prosecution said investigations are still ongoing and there are other suspects at large who are being sought by both local and international police.
It was also revealed that during the hearing, the prosecution will make an application to the court so as to visit the scene of crime.
However, Sarah Wairimu through lawyer Philip Murgor, dismissed the claims and accused the Directorate of Criminal Investigations (DCI) of colluding with the Director of Public Prosecution (DPP).
“You have taken her home of 30 years and now say that Lang’ata should be her home? Lang’ata is not a good place to be, “Murgor said adding: “It’s an attempt to defraud her of her matrimonial property.”
The court was told that the DCI has the keys to the palatial house situated in Kitisuru.
He further submitted that if granted bail, Cohen’s wife would either stay with Lucy Mwangi who lives in Kileleshwa or Betty Wamaitha on State House Road.
“Sarah in addition to being a wife, mother and a widow is also a businesswoman and with every passing day that business is dying, she has no other income,” the court was told.
High Court Judge Stella Mutuku said she will deliver her ruling next Friday and the suspect remain in custody till then.