The Directorate of Criminal Investigations has termed the application by Sarah Cohen’s lawyer to cite him in contempt of court as a publicity stunt to excite the public with a false and fake alternative narrative of the material circumstances and/or is a love sonnet.
DCI boss George Kinoti says this is not an application in law but an attempt by Lawyer Philip Murgor and Sarah Wairimu to offer an alternative narrative of the circumstances of the death of her husband Tob Cohen.
According Kinoti, the Tob Cohen murder trial court has no jurisdiction to hear the said application since it is premised on the Civil Procedure Act which doesn’t apply in the murder court.
“No consent was sought nor granted by the Director of Public Prosecutions to institute criminal contempt proceedings,” says Kinoti.
In addition, it is alleged that no leave of court was or is sought in this application to institute criminal contempt proceedings and neither has the court issued mandatory 30 days notice to the DCI prior to the filing of this application.
Kinoti says that Wairimu, who is the primary suspect in the murder of Cohen is introducing matrimony property issues outside the jurisdiction of the court.
He adds that it is the duty of law enforcers worldwide to provide full information where crime has been committed.
“Without prejudice, the respondent is entitled in law to issue public statements in respect to the investigations and subsequent charges of any crime as by law and constitution provided,” says Kinoti in his response.
The respondent further claims that the documents in support of the application don’t comply with the mandatory provisions of the law.
He termed the application as a calculated attempt at undermining the prosecution and investigations agencies in the material trial.
Kinoti wants the court to take judicial notice that Wairimu and Murgor have since before and after the arrest been on every media and forum in Kenya including YouTube giving an alternative narrative of the material circumstances on this case and if anyone is in contempt, it is them.