Sarah Wairimu to stay in custody after court denies bail in Cohen's murder case

Sarah Wairimu will remain in custody after the High Court denied her bail over the murder of her husband Tob Cohen.

Justice Diana Kavedza yesterday stated that Wairimu would remain at the Lang’ata Women’s Prison until two protected prosecution witnesses have testified.

The Director of Public Prosecutions (DPP) had urged the court not to grant Wairimu bail, emphasizing her attempts to interfere with key witnesses.

“I find that the prosecution has provided sufficient grounds to suggest a real likelihood of witness interference. In these circumstances, I decline the accused application for bail. The accused shall remain in custody until two key witnesses have testified,” ruled Justice Kavedza.

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“I note that the key prosecution witnesses are well known to the accused, as they were both employees of Wairimu and the deceased. In her affidavit, Wairimu does not deny this fact.”

The prosecution said the witnesses reported acts of intimidation to the police.

“In light of the likelihood of witness interference and the need to safeguard the trial’s integrity, I am of the considered view that the public interest and the principles of justice outweigh the accused’s right to liberty at this stage,” the judge ruled.

The prosecution stated that they intend to rely on the testimony of the two witnesses to secure a conviction against Wairimu, who has been charged with the murder of her husband on the night of July 19, 2019, jointly with accomplices still at large.

“The office of the DPP plans to use the evidence of these two witnesses and Wairimu’s conduct during the disappearance of the deceased, as well as inconsistencies in her responses to investigators, to build circumstantial evidence against her,” the DPP told the judge.

Wairimu’s legal team had opposed the prosecution’s request, arguing that she had been on bond for six years without interfering with witnesses.

Her lawyers pointed out that Wairimu had been previously charged with Cohen’s murder at the Milimani High Court on September 12, 2019, and had been released on a cash bail of Sh2 million, which was later refunded in November 2022 after the DPP dropped the case.

The defense also opposed a request by the prosecution to have Wairimu removed from the family home in Kitisuru.

Cohen, a Dutch national, was a businessman living in Kenya, holding various leadership positions, including being CEO of Philips Group of Companies in East Africa.

His body was discovered in the septic tank at the couple’s home. Wairimu and her then-co-accused, Peter Karanja, were arrested.

In 2020, Wairimu denied any involvement in her husband’s death, claiming that Cohen’s murder had been carried out by individuals known to her and that she was being framed. 

The charges were then dropped, but she was recently rearrested.