Sarah Wairimo Kamotho, the wife of the missing Kenyan based Dutch businessman has moves to the high court seeking review of the orders to detain her for 12 days.
Wairimu who arrested in connection to the disappearance of her husband Ton Chichou Cohen was detained on 2nd September by Kiambu Law Courts Chief Magistrate to allow police to complete investigations.
The applicant argues that her arrest and arraignment in court without a charge or holding charge is in breach of her fundamental right to liberty and freedom.
Her lawyer Eva Mbula told Justice Daniel Ogembo that the learned Magistrate misdirected herself in finding that there sufficient grounds on which she should be remanded for 12 working days without justifiable reasons.
“Without prima facie evidence of the nature of the purported offence for which the applicant has been arrested, she has been ordered detained for 12 days without justifiable cause and in contravention of her constitutional right to liberty,” Mbula said.
The court heard that the learned Magistrate misapprehended and/or failed to appreciate the law applicable for applications of custodial orders.
She accuses the police of failing to provide the information they hold, which she requires for the exercise or protection of her fundamental rights to freedom and liberty by failing to inform her of the charges and/or purpose of her arrest with sufficient details to enable her answer it.
“Rather than inform the applicant of the charge and/or purpose of her arrest to enable her answer it, the respondent has resorted to ‘leaking’ information to the media,” her lawyer said.
The DCI however urged the court to dismiss the application saying that Wairimu is likely to interfere with witnesses some of whom she had coached on what information to give to the police.
In his affidavit, detective M. Otieno asked the court to uphold the ruling of the trial Magistrate since no grounds have been advanced to warrant the disturbance of the exercise of the discretion of the Hon. Magistrate.
According to the police, it is highly probable that Cohen might have been kidnapped from his residence in Nairobi and taken by Wairimu and associates to an unknown place, which kidnap may probably turn to be murder.
Cohen has been missing since 19th July 2019 and his phone is unreachable.
The two have allegedly been having problems in their marriage with Cohen accusing Wairimu of assault and reporting her to the police several times but no action has been taken.
It is alleged that Wairimu wanted her husband to give her half of his property which he allegedly declined.
Cohen then filed for divorce to terminate their 12 year marriage.