Tob Cohen murder: Court refuses to release Sarah Wairimu on bond for second time

Tob Cohen murder: Court refuses to release Sarah Wairimu on bond for second time

Justice Diana Kavedza on Tuesday ruled that Wairimu will remain in custody at the Langata Women's Prison until she demonstrates a change of circumstances to warrant a review of the bail decision.

The Kibera High Court has denied Sarah Wairimu Kamotho bail for a second time in the murder case of her husband, Dutch tycoon Tob Cohen, following opposition from the prosecution to her renewed application.

Justice Diana Kavedza on Tuesday ruled that Wairimu will remain in custody at the Langata Women's Prison until she demonstrates a change of circumstances to warrant a review of the bail decision.

The prosecution, led by Deputy DPP Vincent Monda, had opposed her bond review application, citing her intimidation of prosecution witnesses, being a flight risk, and tampering with the crime scene.

Judge Kavedza found a likelihood of witness interference and flight risk, as Wairimu had fraudulently obtained a second passport while the first was in police custody.

She stated that there had been no significant change in circumstances to justify revisiting the bail decision.

The court also stressed the need to protect witnesses and uphold the integrity of the criminal justice system.

Moreover, the court allowed a visit to the crime scene by the defence team but emphasised strict conditions to protect evidence.

The matter will be mentioned on July 30, 2025 for directions.

Wairimu is accused of murdering her husband on July 19, 2019, at their home in the Lower Kabete area of Nairobi County.

Witness intimidation

While denying her bail, the court ruled that the prosecution proved with sufficient evidence the likelihood of witness intimidation and interference.

Justice Kavedza stated that Wairimu’s case is a matter of public interest, involving the loss of life in an especially heinous manner.

"It is my considered view, therefore, that the principle of justice and public interest outweigh the accused's right to liberty at this stage," ruled Justice Kavedza.

She further stated that the court must safeguard the trial's integrity by protecting witnesses and preventing potential interference.

The court declined the accused's application for bail and stated that the accused shall remain in custody until after the two key witnesses have testified.

Wairimu was re-arrested after the Director of Public Prosecutions, Renson Ingonga, reviewed the murder case and determined that there was sufficient evidence to charge her with murder.

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