The late Tob Cohen's family through lawyer Danstan Omari on Wednesday, November 30, opposed the move by the Office of the Director of Public Prosecutions (ODPP) to withdraw the charges against Sarah Wairimu.
Speaking to Kenyans.co.ke, Omari argued that the DPP had not given sufficient reasons as to why the matter should be withdrawn.
He attested that the victims ought to have been informed about the new developments instead of being left in the dark.
"The office of the DPP has not furnished us with sufficient reasons as to why the case should be withdrawn, this was not done in good faith," Omari revealed.
State counsel Wangui Gichuhi communicated that the ODDP decided to withdraw because of the affidavit by DCI officer John Gachomo in which he retracted earlier statements filed.
“An inquest we believe will serve the interest of all parties involved in this matter,” Gichuhi expounded.
However, Sarah's lawyer, Philip Murgor stated that they had been seeking the withdrawal of the charges for the past three years.
"Our letters were never responded to until this application today, there was even an attempt to have me charged,” Murgor divulged.
Sarah Wairimu Cohen was charged three years ago and the case has never proceeded.
October 14, 2022, Sarah called for the investigation and prosecution of ex-DCI boss George Kinoti over his role in alleged fabrications and skewed probe into the case.
Through her lawyer Murgor, she wanted Kinoti investigated following a revelation that the former top detective might have lied about the role of a Court of Appeal judge who was implicated in the murder of the Dutch tycoon.
In a sworn affidavit presented in court, a DCI detective identified as John Gachomo argued that his former boss misled him into signing the document that implicated the judge.
“I can confirm that the contents of the Affidavit dated 27th September 2021 are neither based on facts nor documents from the file held by my office,” Gachomo revealed.
“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,” he added.
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