Sarah Wairimu leaving Kibera Law Court where she was arraigned on Friday, January 24, 2025Sarah Wairimu will spend the weekend at Lang'ata Women's Prison pending a ruling by the court on whether she will undergo a mental assessment before pleading to murder charges.
This comes after she was presented before a Kibera Law Court to face charges in relation to the death of Dutch tycoon Tob Cohen
Sarah was Thursday arrested and detained at the Kilimani Police Station.
Senior Assistant Director of Public Prosecutions Vincent Monda urged Justice Diana Kavedza to exercise her discretion and order she undergoes the assessment and thereafter plea be taken.
But Sarah through her defence counsels said the Prosecution has not adduced any evidence to show anything has changed necessitating a mental assessment be done.
"There's no need to subject her to another mental assessment," said her team of Advocates.
They urged the Judge to consider that a mental assessment had already been done in 2019 when she was first arrested over the murder and that nothing had changed.
She also took issue with the Prosecution introducing a fresh charge sheet especially after the DPP entered a 'nolle prosequi' meaning the charges against her were dropped.
"They entered the nolle because there were serious issues to do with the integrity of investigation of this case," said her team of advocates.
Wairimu had initially been arrested over the brutal murder of Tob Cohen. The DPP later dropped the murder charge and recommended the matter be registered as an inquest.
The DPP subsequently made an application for termination of the inquest which was granted.
What followed was the murder file being reviewed after the DPP said they had new information regarding the 2019 incident requiring Sarah to plead to the charges.
Sarah's defence counsels on Friday however asked the court to determine whether the prosecution can bring fresh information even after the charges were initially dropped.
Monda in a rejoinder acknowledged that the charges were indeed dropped in 2022 but that is not a bar to subsequent prosecution.
"We urge you to exercise your discretion and order that she undergoes mental assessment and thereafter we proceed to take a plea. Should the court disagree, we are still ready to proceed with the plea," said Monda.
Kavedza subsequently ordered parties to appear in court on Monday when she will deliver a ruling on the issues raised by counsels.
