Murder suspect, Sarah Cohen, wants charges levelled against her dropped after a Directorate of Criminal Investigation (DCI) sleuth indicted his former boss, George Kinoti.
Sarah was accused of killing her husband, Tob Cohen, in September 2019, with the case dragging in court for over three years.
In a letter dated Thursday, October 13, Sarah, through her lawyer - Senior Counsel Philip Murgor - wrote to the Director of Public Prosecution (DPP) Noordin Haji demanding fresh investigations into the case.
She argued that Kinoti's resignation and former Inspector General Hillary Mutyambai's retirement had given fresh impetus to the case; thus, it was a belated but welcome opportunity for justice to be served.
Kinoti was also accused of tampering with the case, from coercing the DCI detective to sign a fake affidavit incriminating Sarah Cohen to covering up the murder.
"We call upon you to exercise power under Article 157 of the Constitution to have the charges against our client withdrawn. It is crucial that the investigations should include the role played by George Kinoti during investigations, including a possible cover-up of the real perpetrators," the letter read in part.
"Indeed, any fresh investigations conducted will not be hampered by the biased and conflicted positions taken by Kinoti and the vested interests of third parties," Murgor wrote.
SC Murgor further argued that Kinoti was working in cahoots with politicians in the previous regime, whom he insisted should be grilled over the tycoon's death.
Kinoti, he claimed, repeatedly violated Sarah's constitutional rights with total impunity due to the patronage he enjoyed from well-known politicians closely associated with the former government.
"Indeed, we have requested that the said politicians also be subjected to investigations on their roles in the disappearance and death of the deceased and their persistent role in attempting to disinherit our client," Murgor demanded.
He further accused the former DCI boss of tabling fabricated evidence and crippling Sarah's defence to secure her arrest and evacuation from her house through her imprisonment.
Kinoti, Murgor claimed, was completely consumed and obsessed with getting his way against Sarah that he not only demanded her arrest but also trumped up charges.
Sarah thus demanded her immediate release and return to her matrimonial home, assuring the DPP that she would not tamper with the fresh inquiry since all evidence that could possibly be used in the case was already collected and documented.
Her lawyer attached the affidavit of the DCI detective, who confessed that he was tricked into signing a document that confirmed the findings of the probe, which were inaccurate.
"The director (Kinoti) informed me that my signature was required urgently for an affidavit being drafted for court filing. I complied with the directive by signing the one-page paper on the understanding that the affidavit's contents would be the official facts and documents held in the investigations file regarding the matter.
"I can confirm that the contents of the Affidavit dated September 27, 2021, are neither based on facts nor documents from the file held by my office. That the contents of the said Affidavit are false and I therefore retract, deny of any knowledge and could not have been uttered by myself," the court document dated March 10, 2022, read.
Kinoti has not yet responded to the allegations presented to the DPP Noordin Haji.
