Sarah Wairimu, the widow of Dutch billionaire Tob Cohen, has been charged for lying to the police about the loss of her passport in 2023.
Ms Wairimu, who is facing charges of murdering her husband six years ago, was arraigned before the Kibera Law Courts on Friday, then returned to the Langata Women Prison where she is being detained.
She has been indicted with giving false information to a person employed in the public service contrary to Section 129 C of the penal code and swearing a false affidavit before a commissioner of oaths, contrary to Section 114 as read with Section 36 of the penal code.
The court heard that on February 20, 2023, at Munyange Police Station in Othaya, Nyeri County, Ms Wairimu lied to Chief Inspector Mercy Riungu that she had lost her passport (number BK043532).
Following the alleged false information, the Chief Inspector issued Ms Wairimu with a police abstract.
Ms Wairimu has further been indicted with swearing a false affidavit in relation to her alleged lost passport.
It is alleged that she appeared before Muchiri WaGathoni, who is an advocate, at his chambers in Pamki House in Nyeri Town, where she swore a false affidavit stating that she had lost her passport.
According to the charge sheet, while making the report, Ms Wairimu knew that her passport was not lost and that the information she gave to police was false.
The accused applied to be released on bond but the prosecution opposed the plea, citing the murder charges that she is facing.
“I urge this court to take judicial notice that the accused herein (Sarah Wairimu Cohen) is facing a murder case. She is being tried for the murder of her husband and has been denied bond,” the prosecution said.
Sarah Wairimu, the widow of Tob Cohen, at the Kibera Court in Nairobi on Friday, January 24, 2025.
Photo credit: Wilfred Nyangaresi | Nation Media Group
The prosecution further said that the accused is a flight risk and should remain in custody while the case is heard and determined.
In her brief ruling, Kibera Chief Magistrate Zainab Abdul declined to release the accused on bond, saying she has a pending murder case.
“That is a compelling reason to warrant to court take away the constitutional right to bond,” the magistrate ruled.
However, Ms Wairimu was granted the liberty to revisit the bail plea after the Court of Appeal determines whether she should be admitted to bond or not in the murder case.
The court found there is a likelihood of witness interference and flight risk and that the accused fraudulently obtained a second passport while the first one was in police custody.
The court emphasized the importance of protecting witnesses and the integrity of the criminal justice system.
The magistrate further directed the prosecution to strictly protect the crime scene and the evidence. Ms Abdul fixed the case for mention and further directions on November 25, 2025.
The Kibera High Court has twice declined to free the accused on the grounds that she not met the legal thresh-hold to be freed on bond.
In the first bail ruling, Justice Diana Kavedza declined to release Ms Wairimu on bond until key and crucial witnesses, who expressed fear for their lives, testify against her for the murder of her husband.
The judge said the witnesses’ testimony can only be secured if they tender it before the accused can be freed on bond.
The judge ordered that Ms Wairimu remains at Langata Women’s Prison until the defense demonstrates a change of circumstances to warrant a review of the bail decision.
Sarah Wairimu Cohen during an interview at her Njigari home in Nyeri county on June 17, 2021.
Photo credit: Joseph Kanyi | Nation Media Group
The prosecution, led by acting Deputy Director of Public Prosecutions, Vincent Monda, has opposed her bond review application, citing intimidation of the prosecution witnesses by the accused.
The other reasons for the prosecution to the bail application is that the accused is a flight risk who is likely to tamper with the crime scene.
Ms Wairimu is facing charges of murdering her husband on July 19, 2019 in the Lower Kabete area within Nairobi County.
Prior to his murder, the deceased, a wealthy businessman, had lived in Kenya for about three decades. During that period, he held various positions, including being the CEO of Philips Group of Companies (East Africa).
