Sarah Wairimu, the widow of slain city tycoon Tob Cohen, was yesterday formally charged with the murder of her husband.
Wairimu, who has been in custody for 37 days, denied the charges.
Wairimu's co-accused Peter Karanja who was arraigned separately did not plead to the charges for the murder of Cohen.
The court ordered that he be taken for mental examination before he takes a plea.
The charge sheet says that Wairimu killed Cohen between July 19 and 20 this year in Nairobi county jointly with others not before the court.
Lawyer Phillip Murgor told the court that they were ready to argue their bail application as soon as possible to secure Wairimu's release.
But prosecutor Catherine Mwaniki asked the court for five days put their witnesses under a witness protection programme before filing a response to Wairimu’s bail application.
“My lady we don't want to expose the identity of witnesses at this stage and we intend to use some of their statements to show the court the compelling reasons as to why she should not be released on bail,” Mwaniki said.
The prosecution said they will redact some of the statements of their protected witnesses that they will attach in their application to protect their identity.
“This matter has progressed from when we first came to court there was no body. But now we have found the body, which brings a new perspective to the case,” she said.
Mwaniki claimed that they have evidence to show that there have been threats against some of their crucial witnesses.
“The information we have received after the body of Cohen was recovered will demonstrate interference, relationship terms between employer and employee, occurrence book abstract and threats to the witnesses,” she said.
In his rejoinder, Murgor objected to the request of more time from the DPP saying that Wairimu has been in custody for 37 days.
“I just want to assure the DPP that the person seated before this court did not kill Cohen and she is innocent” the court heard.
Judge Stella Mutuku declined to give prosecution more time and ordered parties to appear in court tomorrow for the hearing of the bail application
Earlier, the court had allowed Murgor to continue representing Wairimu in the case as her defence lawyer.
Last week, Cohen’s family lawyer had objected to Murgor representing Wairimu saying he was still a special prosecutor with the DPP.
Justice Mutuku ruled that that the former DPP was not a public prosecutor as had been alleged.
According to the judge, it is clear that it's not in dispute that he was appointed as a public prosecutor but he later resigned.
Judge Mutuku also noted that Murgor has been attending other court matters and even interacted with ODPP without any issues raised until now.
She also said that the publication of the gazette notice is meant to inform the public and has no bearing on the resignation.
“I find that Murgor is properly before this court and can go on to represent the accused person,” she ruled.
Lawyers Shadrack Wambui and Danstan Omari also told the court that they have filed an application seeking to review the gag orders on the media.
They said they wanted the court to allow the press to cover the case without restrictions.
Mutuku ordered them to go before Justice Lessit who issued the orders to review them herself after she hears them on October 15.
Co-accused Karanja will also be escorted to Kenyatta National Hospital for medical attention.
His lawyers told the court that he has been in custody for 24 days and he has a serious illness that made blood sugar reach critical stages.
Mwaniki confirmed that he had been treated and said there is a clinic at prisons where he will be looked after.
Karanja will be brought back to court on October 11 for plea after a medical report is tabled.
Wairimu will appear in court on Friday morning for her bail hearing.