Tob Cohen's murder: Sarah Wairimu held pending mental test verdict

Sarah Wairimu, Tob Cohen’s widow, will remain in custody for four more days pending a ruling by the court on whether she should undergo a fresh mental health assessment before pleading to murder charges.

Justice Diana Kavedza on Friday ordered that Wairimu be detained at Lang’ata Women’s Prison until January 29, 2025, when a decision will be made on the request for a mental evaluation.

Wairimu, who is accused of orchestrating her husband’s murder in July 2019, appeared before the High Court in Kibera on January 23, 2025, but did not enter a plea.

This follows a request by the Director of Public Prosecutions (DPP), through prosecutor Vincent Monda, for the court to order a mental evaluation before Wairimu answers to the murder charge.

Monda argued that the decision was essential for the proper administration of justice, ensuring that Wairimu is capable of understanding the fresh charges against her and participating in her defence.

“We believe that a mental assessment is necessary for the proper administration of justice,” said Monda.

However, Wairimu’s defence team, led by lawyers John Maina and Conrad Maloba, vehemently opposed the request, arguing that their client was fit to stand trial.

According to Maina, Wairimu has actively participated in all prior court proceedings, including the murder case previously filed at Milimani High Court and an inquest into her husband’s death.

“This is not a new matter, and there is no evidence to suggest that she is unfit for trial.

‘‘Our client has been mentally stable and fully engaged in these legal proceedings at Milimani Law Courts,” said Maina.

Wairimu’s legal team also protested against the manner in which she was arrested.

Contrary to the prosecution’s claims, they said Wairimu had voluntarily presented herself to the Directorate of Criminal Investigations officers at Kilimani Police Station on January 23, 2025, to retrieve her personal belongings, including her passport.

“It is misleading to say that she was arrested. She came willingly to retrieve her passport and other items before detectives informed her that she was under arrest at 3pm as we waited at the Bench to be attended to,” said Maina.

Wairimu’s legal representatives also pointed to the history of the case, which has been marred by delays and complications.

The prosecution initially charged Wairimu with the murder of Cohen in 2019, but the case was temporarily halted when the DPP entered a nolle prosequi (no prosecution), effectively dropping the charges.

This decision was followed by an inquest into Cohen’s death, but the inquest was also withdrawn on December 16, 2024, by the DPP for further investigation. According to the prosecution, the recent re-opening of the case in Kibera High Court is based on new evidence, leading to fresh charges against Wairimu.

The DPP said there was overwhelming evidence implicating Wairimu in her husband’s murder, which occurred on the night of July 19 and 20, 2019, at their residence in Lower Kabete, Nairobi.

“Upon independent and thorough review of the new material, the DPP is satisfied that Wairimu was involved in the death of Tob Cohen,” said Monda.

The Directorate of Criminal Investigation is said to have gathered fresh evidence that led the prosecution to seek the termination of an inquest into Cohen’s death.

“We have new evidence that has come to light, which is why the case has been re-opened,” Monda explained in court adding, “This fresh material is critical to the prosecution’s case and justifies a new approach to this matter.”