The High Court has directed the officer commanding Lang’ata Women Prison to escort Sarah Wairimu Kamotho to attend the burial of Tob Cohen, her husband.
Lady Justice Stellah Mutuku Monday morning directed the Lang’ata prison boss to facilitate the presence of Wairimu at the burial of Cohen whose body was found in the septic in his compound, almost 60 days after he was reported missing.
Lawyer George Ouma appearing with Philip Murgor for Sarah Wairimu in the murder case against her, said all the parties held a meeting and agreed she be allowed to attend the funeral at the Jewish Cemetery along Nairobi’s Wangari Maathai Road on Monday afternoon.
“We have agreed with family lawyer Cliff Ombeta that Sarah be allowed to attend the burial of her late husband,” Mr Ouma said.
He said it will not be prejudicial or harmful if she attends the burial ceremony.
Mr Ombeta said they had agreed that there was no need to engage in a fresh round of legal tussle.
“We met on September 19 before this application was filed and agreed there is no need of a tag of war over attendance. There is no property in a corpse,” Mr Ombeta told the judge.
State prosecutor Nicholas Muteti said the State is not taking sides in the matter.
“Ours is to facilitate the parties once they agree,” Mr Muteti said.
WORK MADE EASY
In her brief ruling, the judge said the parties have made the court’s work easy by agreeing on the issues.
“In the circumstances, this court directs the OC Lang’ata Women Prison to escort Sarah Wairimu to attend the burial of her late husband at the Jewish Cemetery today at 2pm,” the judge directed.
After the ruling, Mr Ombeta said this is the first case where a murder suspect is being escorted to attend the burial of the victim she is accused of murdering.
He also said Mr Cohen’s sister flew out of the country to attend to some urgent issues back at home.
He said Mr Cohen’s brother Bernard will preside over the funeral since, under the Jewish customs, “a brother buries the brother”.
Sarah will be appearing before Justice Jessie Lesiit to plead to a charge of murdering her husband.
Mr Cohen’s Will was released to the family last week ahead of his burial.
Lawyer Chege Kirundi, who drew the Will, said he released it to Cohen’s relatives ahead of the funeral because it included details of how he wanted to be buried.
“I released the will to Cohen’s brother and his sister to see his wishes. Whatever they will do with it is up to them,” Mr Kirundi said.
He said after the burial, contents of the Will may be made public.