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Post Reply: Sarah Wairimu to Remain in Custody as Bail Hearing Looms in Tob Cohen Murder Case

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 8, 2025, 6:38 am</div><div id="pl-5311" class="panel-layout">
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<p dir="ltr" data-pm-slice="1 1 []">The Kibera High Court in Nairobi has ruled that Sarah Wairimu Cohen, the prime suspect in the murder of her late husband, Dutch businessman Tob Cohen, will remain in custody at Lang’ata Women’s Prison pending a bail application hearing scheduled for next month. The decision marks another chapter in a high-profile case that has gripped Kenya since Cohen’s body was discovered in a septic tank at his Kitisuru home in 2019.</p>
<p dir="ltr">Sarah Wairimu, accused of orchestrating the brutal murder of Tob Cohen on 19th July 2019, in Nairobi’s Lower Kabete area, has been at the center of a complex legal saga. Initially charged alongside co-accused Peter Karanja in 2019, Wairimu was released on bail in 2022 after former Director of Public Prosecutions (DPP) Noordin Haji withdrew the charges, citing inconsistencies in the case and opting for an inquest. However, the case took a dramatic turn in January 2025 when current DPP Renson Ingonga, armed with what prosecutors claim is new evidence, ordered Wairimu’s re-arrest.</p>
<p dir="ltr">On 24th January 2025, Wairimu was detained at Kilimani Police Station following her arrest at her Nairobi home. The prosecution alleged that the new evidence was sufficient to sustain a murder charge, prompting the court to order her remand at Lang’ata Women’s Prison until 29th January, when she pleaded not guilty before Lady Justice Diana Kavedza. The prosecution, led by Senior Assistant Director of Public Prosecution Gikui Gichuhi, has consistently opposed Wairimu’s release on bail, arguing that her freedom could jeopardize the integrity of the trial. During a hearing in February, Justice Kavedza denied Wairimu’s bail application, citing attempts by Wairimu and her associates to intimidate key witnesses. The court ruled that Wairimu would remain in custody until two critical witnesses testify, a condition reiterated in the latest ruling.</p>
<p dir="ltr">“The court must safeguard the trial integrity by protecting witnesses and toured potential interference,” Justice Kavedza stated in February, a sentiment echoed in the recent decision to defer the bail hearing. The prosecution has emphasized that the testimony of these witnesses, who reportedly faced threats, is pivotal to establishing Wairimu’s alleged role in Cohen’s death.</p>
<p dir="ltr">Wairimu’s defense team, however, has signaled its intent to vigorously pursue bail. Following the 29th January hearing, her lawyers indicated they would file for bail once they received the prosecution’s affidavit opposing the request. The upcoming hearing next month will see both sides present their arguments, with the defense allocated 20 minutes to respond to the prosecution’s objections.</p>
<p dir="ltr">The trial, which formally commenced on April 3, 2025, has seen the prosecution begin laying out its case against Wairimu. During the opening statement, Gichuhi detailed the “harrowing circumstances” of Cohen’s death, asserting that the evidence would “unmistakably demonstrate Wairimu’s role in her husband’s brutal murder.” The first witness testified at the crime scene in Kitisuru, providing key details about the circumstances surrounding Cohen’s death. Wairimu has maintained her innocence throughout the proceedings, accusing the DPP of abusing prosecutorial powers by relying on “compromised evidence.” In a January 29 filing, she sought to halt her prosecution, arguing that Ingonga’s decision to recharge her was not made in good faith. Despite these efforts, the court has allowed the trial to proceed, with the prosecution confident in its case.</p>
<p dir="ltr" data-pm-slice="1 1 []">As the trial progresses, all eyes will be on the upcoming bail hearing, which could determine whether Wairimu is released pending the conclusion of the case. The testimony of the two key witnesses, expected to be delivered under heightened security measures, will be a critical juncture in the prosecution’s efforts to secure a conviction. Meanwhile, Wairimu’s defense team faces the challenge of countering the prosecution’s claims and addressing allegations of witness intimidation. The Tob Cohen murder case remains a stark reminder of the complexities of high-stakes criminal trials, where legal strategy, public perception, and the pursuit of justice intersect. For now, Sarah Wairimu remains in custody, her fate hanging in the balance as the Kibera High Court prepares to hear her bail application next month.</p>

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