The High Court in Kibera will Today rule on whether it will release Sarah Wairimu on bail after denying murdering her husband Tob Cohen.
The family of Tob has also asked the court to bar Sarah from accessing the house on Farasi Lane where his body was found
In opposing her bail, Advocate Pearlyne Omamo told Justice Diana Kavedza that allowing her to return to the scene would constitute a grave miscarriage of justice, as it is crucial to the current case where material evidence and key testimony are expected to emerge.
"On behalf of the victim's estate, we submit that the accused is actively interfering with potential evidence that would be furnished to this court by dint of her living and residing in the home," she said.
She expressed shock upon learning that, during the administration of the victim's estate, Sarah had somehow managed to return to the house where Cohen's body was discovered.
Justice Stella Mutuku had in 2019 directed that she shouldn't return to the Farasi Lane house.
The office of the Director of Public Prosecutions also opposed her release on bail at this stage citing the presence of two witnesses under protection.
Senior Assistant Director of Public Prosecutions (SADPP) Vincent Monda told the court that they are ready and willing to avail the witnesses to testify as soon as possible and thereafter Sarah can renew her bail application.
Monda requested that the witnesses' be concealed and their voices be distorted during their testimony.
"And because they are protected witnesses, these proceedings must take place in camera. Allow the two to testify before proceeding with the bail application," he said.
Other reasons advanced to deny her bail were Sarah interfering with witnesses and being a flight risk.
Some of the witnesses lined up by the Prosecution are Sarah's and deceased close friends and former workers at their residential home.
"Some of the Prosecution witnesses expressed having been intimidated, threatened by the accused and her proxies leading to them being placed under witness protection program," said Monda.
But in a rejoinder, the defence through advocate Conrad Maloba said none of the reasons advanced by the Prosecution and family are compelling enough to deny her bail.
"No evidence has been adduced to show she has attempted to circumvent the witnesses under protection program," he said.
He further pointed out that Sarah has been living in the matrimonial home since 2022 providing ample time for the state to assess it from 2019.
In urging the court to grant her bail, Maloba emphasized that there is no evidence to suggest Sarah may flee.
Tob Cohen hailed from the Kingdom of Netherlands and was a businessman living in Kenya holding various positions including that of CEO of Philips Group of Companies (East Africa)
His lifeless body was found in an underground water tank at his residential home located along Farasi Lane in Mugomoini Close.
George Muchai case
The High Court sitting in Milimani will be hearing the murder trial of the Late Kabete MP George Muchai.
Those facing the charges are Eric Isabwa alias chairman, Raphael Kimani alias Kim Butcher, Mustapha Kimani alias Musto, Stephen Astiva alias Chokore, Jane Wanjiru alias Shiro, Margaret Njeri and Simon Wambugu.
They have denied murdering the former lawmaker, his two bodyguards and a driver.
