The DPP yesterday sought to withdraw Tob Cohen murder charges against his widow Sarah Wairimu drawing opposition from the deceased tycoon's family.
State prosecutor Wangui Gichuhi filed a nolle prosequi seeking to withdraw the murder charge against Wairimu and her co-accused Peter Karanja.
Gichuhi said they decided to withdraw the case because the affidavit by DCI officer John Gachomo, which they were intending to rely, on has been retracted.
He suggested that an inquest be conducted to serve the interest of all parties involved.
And while Wairimu welcomed the move, it was swiftly opposed by lawyers representing Cohen's family.
Lawyers Danstan Omari and Cliff Ombeta said the DPP had not given sufficient reasons for withdrawing the matter and that the move was in bad faith.
Omari said the victims should be informed and, in this case, they were never told prior to filing of the application. Ombeta said they only learnt of the withdrawal on social media.
“The victim has a right to be informed in advance, the victim is not a passenger for the state to terminate the way it wants to. The state must be accountable, transparent and responsible,” Omari said.
Justice Daniel Ogembo will rule on the matter on Tuesday next week. The judge will decided whether the court will allow the DPP to withdraw the murder charges.
Gichuhi asked the court to allow their application so that the matter can be taken to the inquest.
Wairimu’s lawyer Phillip Murgor welcomed the decision by the DPP saying they have been waiting for it for three years.
Murgor said he was not opposed to the application saying charges were preferred in the hope that evidence will be availed which was never done.
He said the DPP has now revealed to them (court and defence) that investigations were not done comprehensively in the murder case.
“All our letters were never responded to until this application today, there was even an attempt to have me charged,” Murgor said.
He claims former DCI George Kinoti tapped phone calls of judges and the defence lawyers in the matter claiming that several judges declined to hear the matter as a result of that.
He said Wairimu will pursue legal action against all those who violated her rights especially Kinoti
Omari said they are not opposing because the law gives the DPP power to make the application but equally the law demands that he has to provide reasons to the victims in writing.
In the case, Wairimu was charged in 2019 with the murder of her husband and she denied the charge.
Cohen disappeared and his body was later found in a septic tank in his home in Kitusuru.
Karanja who police claimed was Wairimu’s accomplice was also charged with the murder of Cohen.
Wairimu and Cohen’s sister Gabriel Van Straten are currently embroiled in a bitter tussle on who will take control of the matrimonial home she shared with her husband.