The High Court in Kibra on Tuesday denied Sarah Wairimu Cohen, the main suspect in the murder of businessman Tob Cohen, bail.
According to Kibera High Court Judge Diana Kavedza, Wairimu's denial of bail follows attempts by her and her associates to intimidate the witnesses citing that her freedom would risk interference with the case.
"From the analysis above the likelihood to intimidate or interfere with witnesses has been proven with sufficient evidence. Until the two witnesses have testified, the accused is at liberty to revisit the issue of pay at that time," Judge Kavedza ruled.
The judge revealed that Wairimu's interference deterred the witnesses from giving testimony against her.
Wairimu argued that six years have elapsed since the commission of the offense hence diminishing the probability of witness interference, arguments that the court overruled.
According to the High Court, interference may manifest at various stages including during investigation, throughout the trial, or after the filing of charges, and may involve actions by the accused, witnesses, or other parties.
Justice Kavedza stated that Sarah's case is of public interest where a life was lost in the most heinous manner.
"It is my considered view therefore that the principle of justice and public interest outweigh the accused right to liberty at this stage" Justice Kavedza continued.
She further stated that the court must safeguard the trial integrity by protecting witnesses and preventing potential interference thus the need to have Wairimu under custody.
Wairimu, therefore, will remain in custody until the prosecution presents the two witnesses who will testify on camera.
Wairimu was accused of murdering her husband, Cohen, on July 19, 2019, in the Lower Kabete area within Nairobi County. She was then arrested but the case was thrown out citing no evidence.
She was re-arrested in January after the Director of Public Prosecution (DPP), Renson Ingonga, reviewed the murder case and determined that there was sufficient evidence to charge her with murder.
Appearing before the High Court on February 3, Wairimu denied committing the murder. The matter will be mentioned on February 26, 2025, for pre-trial directions.
