, NAIROBI, Kenya, Oct 4 – The High Court will next Friday make a ruling on a bail application filed by Sarah Wairimu, the widow of late Tob Cohen, which was argued in court on Friday, October 4.
The prosecution opposed the release of Wairimu on bail pending trial for the murder of her husband.
Justice Stella Mutuku, before whom the application was argued on Friday, was urged to deny Wairimu bail on grounds that her character after her husband went missing is questionable.
The Court heard she reported his disappearance after 13 days and lied Cohen had travelled to Thailand.
The prosecution also claimed that Wairimu’s lawyer Phillip Murgor has been contacting potential witnesses through her instructions.
Wairimu and her lawyer created disturbance by asking some people attending the funeral of his husband to leave, the prosecution also argued.
“The conduct of Wairimu of hiding the body in the underground tank warrants the denial of bail,” Justice Mutuku heard
It was further alleged that Wairimu is a flight risk given that she is facing serious charges of murder.
“There is a high possibility of the accused absconding bail because if found guilty. The sentence is serious,” the prosecution stated.
Murgor however implored the court to free Wairimu on bail since the prosecution was unable to prove its claims that she would interfere with evidence.
The defence counsel further noted that Cohen’s Kitisuru home has since been declared a scene of crime and is under tight security hence the accused person will not be able to access it.
Murgor insisted there are no compelling reasons to deny his client bail and denied allegations that Wairimu has no moral support from her family.
“Her father, mother, and brother are in court and therefore the claims are not true,” he added.
Cohen’s body was discovered in an underground water tank in his Kitisuru home on September 13, two months after he went missing.
He was buried on September 24 at the Jewish cemetery in Nairobi after Wairimu and Cohen’s sister entered an out of court settlement agreeing to both be involved in his burial.