The High Court has declined to release Sarah Wairimu Cohen on bond until key witnesses, who have expressed fear for their lives, testify against her in the murder of her husband, Tob Cohen.
Justice Diana Kavedza, sitting at the Kibera High Court in Nairobi, concurred with Director of Public Prosecutions (DPP) Renson Ingonga that testimony from the witnesses, who include her workers, should be presented in court before the accused can be considered for bond.
“After analysing the submissions presented by the DPP through State Counsel Vincent Monda, I find merit in the claims that the witnesses have been threatened and fear for their lives,” Justice Kavedza ruled.
She added that the witnesses’ testimony can only be secured if they testify before the accused is freed on bond.
Tob Cohen’s body was recovered by police from a septic tank, wrapped in a blanket.
Cohen, a Dutch national, was a wealthy businessman who had lived in Kenya for at least 30 years, holding various positions, including that of CEO of Philips Group of Companies (East Africa).
His lifeless body was discovered in an underground water tank at his residence on Farasi Lane in Mugomoini Close after an extensive search by both family members and Kenyan police.
The late Dutch tycoon Tob Cohen.
Photo credit: File | Nation Media Group
Justice Kavedza upheld the DPP’s plea not to release the accused on bond at this stage, stating that she poses a threat to witnesses and could obstruct justice.
The judge further ruled, “After the witnesses testify, then you can revisit your bail application.”
Justice Kavedza directed that the accused be remanded at Lang’ata Women’s Prison until such a time when the witnesses have testified.
“You will remain in custody until the witnesses, who have expressed fear, tender their testimonies,” the judge ruled.
Last month, the late Cohen’s family urged the judge to prohibit his wife, Sarah Wairimu, from residing in their house, as it remains a crime scene.
Opposing Sarah’s release on bond, Mr Monda and the deceased’s family lawyer, Pearlyne Omamo, argued that it would be a miscarriage of justice for her to continue living in the same house on Farasi Lane, where the deceased’s body was discovered.
Objecting to her bail plea, Ms Omamo told Justice Kavedza that allowing Sarah to return to the house, which is a crime scene, would constitute a “grave miscarriage of justice.”
She emphasised that, as the case stands, crucial material evidence and key testimony are expected to emerge.
"On behalf of the victim’s estate, we submit that the accused is actively interfering with potential evidence that would be presented to this court by virtue of her residing in the home," she said.
“The accused should vacate the residence at Farasi Lane, Lower Kabete, Nairobi County, as it remains a crime scene until the court visits the location,” the DPP stated through investigating officer ASP Maxwell Otieno.
The DPP further argued, “She should stay away from it during the pendency of the prosecution to give the court a clear perspective of how and where Tob Cohen’s body was discovered during police investigations.”
The victim’s lawyer, Ms Omamo, expressed shock upon learning that, during the administration of the victim’s estate, Sarah had somehow managed to return to the house where Cohen's body was discovered.
The court heard that, in 2019, Justice Stella Mutuku had directed that Sarah should not return to the Farasi Lane house pending the determination of the case.
The DPP also opposed her release on bail, citing the presence of two witnesses under protection.
Mr Monda, a Senior Assistant Director of Public Prosecutions (SADPP), told the judge that they were ready and willing to present the witnesses as soon as possible, after which Sarah could renew her bail application.
Mr Monda requested that the witnesses’ identities be concealed and their voices distorted during their testimony.
"And because they are protected witnesses, these proceedings must take place in camera. Allow them to testify before we proceed with the bail application," he pleaded.
Mr Monda also urged the court to decline the accused’s bail application, claiming she would interfere with witnesses and was a flight risk.
Some of the witnesses lined up by the prosecution include Sarah’s and the deceased’s close friends and former workers at their residence.
"Some of the prosecution witnesses have reported being intimidated and threatened by the accused and her proxies, leading to their placement under the witness protection program," said Mr Monda.
“The accused, having been charged alongside others not before the court, is likely to jeopardize the efforts of investigating officer ASP Maxwell Otieno to apprehend the remaining suspects still at large,” he stated.
In response, the defence, through advocate Conrad Maloba, argued that none of the reasons presented by the prosecution and the family were compelling enough to deny her bail.
"No evidence has been presented to show that the accused has attempted to interfere with the witnesses under protection," he said.
Mr Maloba pointed out that Sarah had been living in the matrimonial home since 2022, providing ample time for the state to assess it from 2019.
