The family of the late Tob Cohen has requested that Sarah Wairimu be barred from accessing the Farasi Lane residence, where Cohen's body was discovered.
This request even came as the Director of Public Prosecutions (DPP) opposed Sarah's bail application.
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 presence at the property may interfere with potential evidence that would be furnished to this court by din't of her living and residing in the home," she said.
She expressed concern upon learning that, during the administration of the victims 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 informed the court that the witnesses are prepared to testify and requested that their identities and voices be concealed during proceedings.
Monda requested that the witnesses' be concealed and voices be distorted during their testimony.
"These proceedings must take place in camera to protect the witnesses. We request that the court allow them to testify before considering the bail application," Monda said.
Other reasons advanced to deny her bail were Sarah interfering with witnesses and being a flight risk.
The court heard that 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 and her proxies leading to them being placed under witness protection program," said Monda.
In response, Sarah's defense lawyer, Advocate Conrad Maloba, argued that 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.
Maloba 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.
Justice Diana Kavedza is expected to deliver a ruling on the bail application on February 18.
Tob Cohen hailed from the Kingdom of Netherlands and was a businessman living in Kenya.
His body was found in an underground water tank at his residential home located along Farasi lane in Mugomoini Close.