Sarah Wairimu has moved to the High Court seeking to halt her impending prosecution over the murder of her husband Tob Cohen.
Wairimu, who is being held at the Langata Women's Prison, is accusing Director of Public Prosecutions Renson Igonga of abusing his prosecutorial powers by relying on compromised evidence to charge her in connection with the 2019 murder.
In an application filed before the Milimani court, she said on December 6, 2022, the DPP made a nolle prosequi (decision not to pursue the charge), which led her to being ultimately discharged.
Wairimu was initially arrested and charged with the brutal murder of Cohen.
Then DPP Nordin Haji later withdrew the charges citing insufficient evidence.
The prosecution instead directed an inquest into Cohen’s death which was also terminated at the request of the DPP.
However, the state now says it has new evidence that can sustain a murder charge against Wairimu and wants her to plead afresh to charges of murder.
But Wairimu says the decision to discharge her was necessitated by serious integrity issues in the whole process of investigations.
“The decision by the Director of Public Prosecutions to subject me on evidence which it has admitted has integrity issues is not founded on good faith but a clear case of abuse of prosecutorial powers and has the effect of denying the petitioner her constitutional right to a fair trial,” she says in her affidavits.
She wants the High Court in Milimani to suspend any proceedings before the Kibera High Court where she is expected to plead to the charges today.
Wairimu was last week presented in court where a ruling was reserved for today on whether she will be subjected to another mental assessment test before pleading to the charges.
She says the DPP’s decision to terminate the inquest which according to the state’s own admission was meant to uncover persons behind the gruesome murder of Cohen is testament enough that the office is not interested in uncovering the real suspects but is only interested in punishing her through compromised investigations and evidence.
She claims the circumstances, which led to the entry of nolle prosequi have not changed.
“Nolle
prosequi is for all purpose and intent an end to prosecution hence
the DPP decision to charge is contrary to purpose of entering a nolle,”
Wairimu says.
