Sarah Wairimu, the widow of the late Tob Cohen, will remain in custody for five more days pending a ruling by the court as to whether she should undergo a fresh mental health assessment before pleading to murder charges.
Justice Diana Kavedza ordered that Wairimu be detained at Lang’ata Women’s Prison until January 29, 2025, when a ruling 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 Kibera High Court on January 23, 2025, but did not enter a plea.
This is after the Director of Public Prosecutions (DPP) through prosecutor Vincent Monda requested the court to order a mental evaluation for Wairimu before she answered to the murder charge.
Monda argued that this step is essential for the proper administration of justice, ensuring that
Wairimu is capable of understanding the fresh charges against her and participating in her defense.
“We believe that a mental assessment is necessary for the proper administration of justice,” said prosecutor Monda, who emphasized the importance of confirming that Wairimu is mentally fit to stand trial.
However, Wairimu’s defense team, led by lawyers John Maina and Conrad Maloba, vehemently opposed the request, arguing that their client is fit to stand trial.
According to Maina, Wairimu has actively participated in all prior court proceedings, including the murder case that had previous been 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 ,” Maina told the court.
Wairimu’s legal team also disputed the manner in which she was arrested.
Contrary to the prosecution’s claims, they stated that Wairimu had voluntarily presented herself to the Directorate of Criminal Investigations (DCI) officers at Kilimani Police Station on January 23, 2025, to retrieve her personal belongings, including her passport.
“It is misleading to say she was arrested. She came willingly to retrieve her passport and other items before detectives informed her that she was under arrest at 3 pmas we waited at the bench to be attended to,” Maina added.
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 Tob 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 further investigation.
According to the Prosecution, the recent reopening of the case in Kibera High Court is based on new evidence, leading to fresh charges against Wairimu.
The DPP stated that there is 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 Ms. Wairimu was involved in the death of Tob Cohen,” Monda said
The Directorate of Criminal Investigations (DCI) are 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 reopened,” prosecutor Monda explained in court.
“This fresh material is critical to the prosecution’s case and justifies a new approach to this matter.”
The defense lawyers questioned whether the prosecution had sufficient grounds to pursue the case again, noting that the investigation had faced numerous challenges, including the absence of key witnesses during the earlier stages of the proceedings.
“There have been significant gaps in the investigation, and the prosecution’s case remains unproven. The defense believes that there is no reason to delay the trial further by subjecting our client to unnecessary mental evaluations,” Maloba argued.
Her defense team also urged for her release on bail, should the court decide to order a mental assessment.
The prosecution, however, contends that the reopening of the case and the new evidence warrant a careful assessment of Wairimu’s mental health before proceeding with the new case.
In their view, a fresh mental assessment will ensure that the trial is conducted fairly and that Wairimu is fully aware of the legal process she is undergoing.
The murder of Tob Cohen shocked the nation when his body was found in the septic tank of the couple’s home in July 2019.
Wairimu and her then-co-accused, Peter Karanja, were arrested following the discovery.
In 2020 Wairimu denied involvement in her husband’s death and claimed that Cohen’s murder was carried out byindividuals known to her and that she was being framed.
