The family of the late Dutch tycoon Tob Cohen wants the High Court to stop his widow Sarah Wairimu Cohen from residing in their house since it is a scene of crime.
Opposing the release of Sarah on bond, Director of Public Prosecutions (DPP) Renson Ingonga and the deceased family lawyer Pearlyne Omamo on Monday said it would be a miscarriage of justice for the widow to continue living in the same house along Farasi Lane, where his body was discovered.
“She should stay away from it during the pendency of the prosecution to give the court a perspective of how and where the body of Tob Cohen was discovered during police investigations,” the DPP said through the investigating officer ASP Maxwell Otieno.
Ms Omamo expressed shock upon learning that during the administration of the victims’ estate, Sarah had somehow managed to return to the house where Cohen's body was discovered.
The court was informed that in 2019, Justice Stella Mutuku had directed that Sarah shouldn't return to the house pending the determination of the case.
The office of the DPP also opposed her release on bail at this stage citing the presence of two witnesses who are under protection.
Counsel Vincent Monda, a senior assistant director of public prosecutions (SADPP), told the judge that they were ready and willing to avail the witnesses to testify as soon as possible and thereafter Sarah could renew her bail application.
Mr Monda requested that the witnesses' identity be concealed and voices be distorted during their testimony.
"And because they are protected witnesses, these proceedings must take place in camera. Allow the two to testify before we can proceed with the bail application," he said.
Some of the witnesses lined up by the prosecution are Sarah's and deceased’s’ close friends and former workers at their residential home.
"Some of the prosecution witnesses have expressed having been intimidated, threatened by the accused and her proxies leading to them being placed under witness protection program," said Mr Monda.
“That the accused having been charged with others not before the court, this will likely jeopardize the efforts by the investigating officer ASP Maxwell Otieno to apprehend the other suspects who are still at large,” Mr Monda stated.
In response, the defence, through advocate Conrad Maloba, said none of the reasons advanced by the prosecution and family were not compelling enough to deny her bail.
"No evidence has been put forth to show the accused has attempted to circumvent the witnesses under protection program," 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.
Pressing for her release on bond, Mr Maloba emphasized that there is no evidence to suggest Sarah may flee.
Tob Cohen hailed from the Kingdom of Netherlands and was a businessman living in Kenya for at least 30 years, holding various positions including that of being the CEO of Philips Group of Companies (East Africa)
His lifeless body was found in an underground water tank at his residential home located along Farasi lane in Mugomoini Close.
Justice Kavedza said she will deliver the ruling on February 18. In the mean-time Sarah will remain at the Langata Women Prison.
Sarah was arrested two weeks ago and charged a fresh for the murder of her husband following the termination of the initial suit to pave way for fresh investigations.
