A Nairobi court has ordered Sarah Wairimu, the Kenyan widow of the late Dutch tycoon Tob Cohen, to be remanded in custody for another four days pending a decision on whether she should undergo a fresh mental assessment before being charged with her husband's murder.
This was after the Director of Public Prosecutions (DPP) asked the court for the termination of an inquest into the murder, which was granted, so as to charge Ms Wairimu for the murder.
“This is after overwhelming evidence show Ms Wairimu murdered her husband namely Tob Chichou Cohen on the night of 19th and 20th July 2019 at Lower Kabete Area, within Nairobi County,” the DPP’s office said in a statement.
“The DPP made an application for the termination of an inquest into the murder, which was granted. Upon independent and thorough review of the new material, the DPP is satisfied that Ms Wairimu was involved in the death of Tob Cohen.”
Ms Wairimu will now be remanded at Lang’ata Woman’s Prison until January 29, 2025 when Justice Diana Kavedza will make the ruling on whether she should undergo a fresh mental assessment before taking a plea.
Ms Wairimu was initially examined by a psychiatrist in 2019, when she was first charged before Lady Justice Stellah Mutuku, and was declared fit to stand trial.
Ms Wairimu was arrested on Thursday, January 23, 2025, by officers from the Directorate of Criminal Investigations (DCI) and detained at Kilimani Police Station before her court appearance.
The DPP, through prosecuting Counsel Vincent Monda, requested the court to order a fresh mental assessment to ensure Ms Wairimu is capable of understanding the charges and participating in her defence.
However, Ms Wairimu's defence team, led by lawyers Conrad Maloba and John Maina, strongly opposed the DPP's request, arguing that their client remains fit to stand trial.
They cited her active participation in previous legal proceedings, including the initial murder trial and an inquest into Cohen's death.
"This is not a new matter, and there is no evidence suggesting that she is unfit for trial. Our client has been mentally stable and fully engaged in all legal proceedings," Mr Maina told the court.
In a brief ruling, Justice Kavedza ordered Ms Wairimu to be remanded at Lang'ata Women's Prison until January 29, 2025, pending the court's decision on the mental assessment request.
The remains of Tob Cohen were discovered in a septic tank at their Kitisuru residence after an extensive search by his family and the DCI.
Ms Wairimu was initially arrested, and an inquest into Cohen's murder was conducted at Milimani Law Courts following recommendations by former DPP Noordin Haji.
The inquest had faced opposition from Cohen's family, but now, the prosecution is moving forward with fresh charges against Ms Wairimu.
