Advocates for the late tycoon Tob Cohen have opposed the move by the Director of Public Prosecution to withdraw the murder charges against his widow Sarah Wairimu.
The DPP wants the case withdrawn and an inquest filed at Chief Magistrates court.
Lawyers Danstan Omari and Cliff Ombeta opposed the moved on grounds that no reasons had been adduced by the DPP in writing as required by law.
According the lawyers who represent the family of the late Tob Cohen, the victim must be given reasons for any nolle prosequi.
“What they have is a letter saying there are contradictions. No reasons have been given,” Omari said.
He added, “The state should communicate in writing the reasons they want this matter terminated.”
Justice Daniel Ogembo heard that if the DPP gives reasons in writing, they shall be able to respond.
It was his submission that the public and the victim have to know in writing so that everyone can know why the DPP wants the matter to go to inquest.
Ombeta told the court that the DPP was not terminating the matter in good faith.
added that the DPP ambushed them since he did not inform all parties about the intended decision.
“If it was in good faith, why did the DPP not say anything and waited to ambush us,” Ombeta told the court.
He added that had it not been for social media, the matter would be water under the bridge.
Ombeta submitted that justice not only goes to the accused person but also to the victims.
Sarah Wairimu’s lawyer Philip Murgor did not opposed the move by the state.
He however questioned why the matter had been brought before court yet there was no enough evidence.
Murgor said that many cases were filed on the promise and undertaking of DCI George Kinoti to avail evidence.
He told the court that he wrote more than six letters to the investigating officer and DPP calling for independent investigations.
He accused former DCI boss George Kinoti of tapping phones of defense counsels and judges handling the matter because they did not have any evidence.
Murgor asked the cpurt to order the police to hand the matrimonial home which is the scene of crime, to Sarah Wairimu.
He also asked the court to order refund of cash bail she had deposited, her passport and her dog which was taken to Kenya Society for protection and care of animals by the police.
In response, the DPP told the court that they acted in good faith.
The court also heard that the issues of evidence raised can be canvassed at the inquest.
The DPP asked the court to allow the application and have the matter registered as inquest in the lower court.
The ruling will be delivered on 6th December 2022.
Sarah Wairimu is charged alongside Peter Karanja with Cohen’s murder.
