Locked room deepens mystery of Tob Cohen's murder

Fresh details have emerged in Tob Cohen's murder trial, about a room that remained locked and inaccessible during a court-ordered scene visit at the deceased’s Kitisuru residence, Nairobi, in April 2025.

High Court Judge Diana Kavedza, revealed in open court on Tuesday that the visit, conducted under the guidance of the key suspect and widow Sarah Wairimu, was hindered when one of the rooms in the house could not be opened.

Cohen’s body was found in a septic tank in the compound in 2019, after going missing for days.

The judge noted that Wairimu, who had access to the keys, failed to unlock the room, which was expected to be examined as part of the ongoing trial.

The revelation came after Wairimu's newly appointed defence lawyer, James Singh Gitau, requested permission to access the matrimonial home (a scene of crime) ahead of the next phase of the trial, which will involve the testimony of the remaining 58 prosecution witnesses.

The accused recently picked Gitau to join her legal team after her previous lawyers, led by Senior Counsel Philip Murgor, withdrew from the case.

“I agree with you. You can access the site, but I want you to note that I was unable to access one of the rooms,” the judge told lawyers seeking renewed access.

“The defence team, led by Wairimu, fumbled with the keys and could not open one of the rooms…So even the witness who was supposed to testify about that room did not give evidence,” Justice Kavedza said.

The revelation has heightened concerns about possible interference with the crime scene.

The Cohen family lawyer also revealed that during the court's visit to the premises, all the rooms in the house, including the bedroom and sitting room, were empty, with no furniture in sight. 

“So you can see there is already interference with the scene,” she noted.

The judge warned that if the defence is to revisit the site, it must be done under strict conditions.

"You can only access the site in the company of the investigating officer," she ruled.

The judge made it clear that if the defence wishes to revisit the site, the locked room will remain sealed, and access will be strictly controlled.

“The unfortunate thing is that the room that was locked shall not be opened. You are also not allowed to access it,” she ruled.

The court noted that the locked room was not only omitted from testimony but may contain key spatial or forensic context, potentially crucial for both the prosecution and defence in a case that has gripped the nation since Cohen’s disappearance and death in 2019.

During the Tuesday hearing, defence counsel Gitau argued for access to the premises to properly prepare for cross-examination.

“It is the scene of crime. To enable us to adequately prepare… it is imperative that we do access the site… to know how it’s situated, where the body was purportedly found,” lawyer Gitau said.

Judge Kavedza allowed the access but ruled that only the defence, the investigating officer (IO), and the OCS of Spring Valley Police Station will be allowed on-site, excluding prosecutors and victims' advocates.

“You do not need to be there,” she told the DPP. “You will be muscling… curtailing their freedom to look at the scene.”

She named the lead IO as Clement Mwangi Langat, assisted by lead investigator Maxwell Otieno, and ordered that the previously locked room remain off-limits:

“The unfortunate thing is that the room that was locked shall not be opened. You are also not allowed to access it.”

The judge also rejected Wairimu's third bid to be released on bail, citing ongoing witness intimidation, flight risk, and interference with the crime scene.

Justice Kavedza ruled that Wairimu will remain in custody at Lang’ata Women’s Prison until the conclusion of her murder trial, saying the interests of justice and public interest outweighed her right to personal liberty.

“It is my considered view that the principles of justice and public interest outweigh the accused’s right to liberty at this stage,” Justice Kavedza ruled.

“The court must protect witnesses and preserve the integrity of the trial. The accused shall remain in custody until the conclusion of the trial. Only then will this court revisit the question of bail.”

Wairimu is charged with the murder of Cohen, whose body was discovered in a septic tank at his Kitisuru residence in July 2019.

She pleaded not guilty in February 2025.

Her latest bid for bail was a renewed application based on the fact that the prosecution’s two key witnesses, who were her employees, had already testified in April.

However, Justice Kavedza dismissed the claim that this amounted to a significant change in circumstance.

“The court did not guarantee release once the witnesses testified,” the judge said.

“Instead, it merely opened the door for reconsideration, provided compelling circumstances were shown.”

One of the key grounds for the court’s decision to deny her bail yet again was Wairimu’s alleged repeated intimidation of a police officer, Corporal Pascal Buana, in open court.

The officer testified in court that Wairimu whispered the phrase “shame on you” to him three times during proceedings.

“If the accused can intimidate an armed officer in open court,” the judge posed, “what might she do outside, where the court has no eyes or ears?”

The court had previously directed Wairimu to apologise for the incident via affidavit, an apology she submitted.

However, Justice Kavedza said the gesture lacked remorse and failed to assure the court that witness safety would be guaranteed if she were released.

The judge also flagged serious concerns about Wairimu’s travel history.

Despite an earlier court order by the Milimani High Court requiring her to surrender her passport, an immigration report revealed she had traveled abroad multiple times using a second passport, which she allegedly obtained without the knowledge of the investigating officer.

“The fact that the accused could acquire a second passport while the first remained with the police cannot be ignored,” the judge noted.

“This court finds her a flight risk.”

In addition, Wairimu admitted to renovating the crime scene, the Kitisuru residence in Spring Valley, Nairobi, despite a prior court order placing the property under the custody of Spring Valley Police.

“Scenes of crime need to be preserved,” Justice Kavedza said.

“Tampering with the property undermines the administration of justice."

The court also allowed State prosecutor Gikui Gichuhi's request to adjourn the matter to another date to allow Wairimu's defence lawyer, Gitau, to take proper instructions and visit the scene of the crime before the trial can proceed.

The judge also expressed frustration over her overloaded docket and announced plans to request permission from Chief Justice Martha Koome to hear the case, along with the Shakahola massacre trial, during the upcoming court recess in August.

Kavedza noted that Wairimu and Shakahola massacre trials both have 60 witnesses each and urged the parties to consider have the case heard during the court recess to avoid a prolonged delay in the determination of the trial.

“I have 106 homicide cases. If we are not careful, this case will take six years,” she warned.

“I handled the famous Dusit terror attack case; it took five years, and it had only 55 witnesses.”

The court, however, adjourned to allow the defence to finalise preparations and interview the accused ahead of the next hearing.

Justice Kavedza offered the use of her private conference room for the interviews between lawyer Gitau and Wairimu, noting previous access restrictions at Lang’ata Women’s Prison.

“Give me a date. I’ll produce the accused and give you my conference room so that you can have her the whole day,” she offered.

The case was scheduled for July 30, when dates for site access and further hearings are expected to be confirmed.