Sarah Wairimu's lawyer, Philip Murgor, on Thursday, September 26, was the subject of a probe during his client's hearing.
Tob Cohen's family lawyer, Cliff Ombeta, raised the issue of the legitimacy of Murgor as a state prosecutor, leading to the postponement of the hearing.
"So that none of us is embarrassed at the end of the day, not him and not any of us, this position must be clarified before he even takes plea on behalf of his client," Ombeta stated.
He had raised issues regarding Murgor's status, stating that the former Director of Public Prosecutions was still gazetted as a special prosecutor.
"If the client takes a plea at this particular moment without this issue being resolved, then is she represented? Then aren't we now going against the law?" Tob Cohen's family lawyer stated, adding that it was a very serious issue.
Justice Stella Mutuku thus moved Wairimu's plea-taking to October 1, to enable the state to clarify whether her defence lawyer is a state prosecutor.
Wairimu had been taken to court from Lang’ata Women’s Prison for plea taking but the court ruled that she couldn't until all outstanding issues were resolved.
Tob Cohen's widow is accused of murdering her husband who was buried at the Jewish Cemetery on Tuesday, September 24, 2019.
During the burial, Wairimu sent a warning to Tob Cohen's killers, who she alleged were at the funeral. She also accused some family members of hypocrisy.
