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Lawyer Phillip Murgor representing Sarah Wairimu. [Wilberforce Okwiri]

Ndegwa said chief Government pathologist Johansen Oduor would conduct the examination.

The planned postmortem on Dutch tycoon Tob Cohen has been moved to today.

Sarah Wairimu's lawyers are said to have objected to Government pathologist Peter Ndegwa conducting the tests, arguing that he had visited the scene where Cohen's body was found last Friday and commented on the case.

Dr Ndegwa is said to have stated that Cohen's hands were tied and that there were indications he had been tortured.

Speaking at Chiromo mortuary yesterday, the pathologist said he had recused himself from the exercise after it became clear that Wairimu's lawyers were unhappy with his remarks, which could be interpreted to mean he was siding with the Directorate of Criminal Investigations.

Ndegwa said chief Government pathologist Johansen Oduor would conduct the examination.

“We have agreed to move the exercise to tomorrow (today) and it will be presided over by Dr Oduor, who has been recalled from leave."

Parties in the matter had congregated at the mortuary ready for the exercise when the differences emerged.

Wairimu was represented by lawyer Philip Murgor and pathologist Andrew Gachie, while the Cohen family was represented by Dr Emily Rogena.

They later went into a meeting and when they reemerged, they allowed Ndegwa to make the announcement of the postponement and give the reasons.

Wairimu’s lawyers said they wanted her to go to the mortuary to identify the body. They also said Cohen's body should be X-rayed to establish the nature of injuries he had suffered.

The lawyers said after the postmortem was done, they would seek to visit the underground water tank, where the body was found

The defence team was expected to make an application in court yesterday to be granted their demands.

Police found Cohen's body more than 50 days after he went missing from his Kitisuru home in Nairobi.

Tob Cohen Sarah Wairimu

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