The High Court will today give directions in a case filed by Sarah Wairimu who is challenging her prosecution for the murder of her husband Tob Cohen.
Wairimu was arrested and charged afresh with the 2019 murder and remains in custody with Kibera High Court judge Diana Kavedza scheduled to rule on her bond application on February 18.
She had been charged with the same offence in 2019 before the matter was withdrawn in 2022 for lack of enough evidence.
Wairimu is now accusing the Director of Public Prosecutions of abusing his prosecutorial powers by relying on compromised evidence to charge her again in connection with the death of her late husband Tob Cohen.
In an application filed before the Milimani Court, Wairimu points out that on December 6, 2022, the DPP made a nolle proseque (decision not to pursue the charge) which led her to be ultimately discharged over the murder case.
She holds that the decision to discharge her was necessitated by serious integrity issues in the whole process of investigations.
“The decision by the DPP to subject me to 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 claims.
She has asked the High Court in Milimani to suspend any proceedings before the Kibera High Court.
Directions will be issued today on the matter.
At the magistrate court, the corruption case against Embakasi North MP James Gakuya is expected to proceed for a hearing today.
Gakuya and his brother Patrick Wairungi were charged alongside 12 other co-accused in August 2018 with fraudulent acquisition of public property, conflict of interest, conspiracy to defraud and wilful failure to adhere to procurement and disposal laws.
The accused are charged with fraudulent acquisition of Sh39,858,050 Constituency Development Fund cash that was allegedly used for fictitious road construction contracts.
Gakuya and his brother Patrick Wairungi are accused of receiving Sh19,691,772 for supplying nothing.
Court documents also show that Wairungi's Mabaks Enterprises was paid Sh11,691,771 for the construction of Muoroto AP road.
The suspects allegedly received the money between July 8 and November 20, 2015, according to the prosecutors.
