The Director of Public Prosecutions (DPP) Noordin Haji has applied to withdraw a murder case against Sarah Wairimu and her co-accused Peter Karanja.
Wairimu is the widow of Dutch businessman Tob Cohen, killed in 2019, and has been on trial for his murder.
Haji has proposed an inquest be filed before a Milimani Law Courts.
“This will enable the contradictions that have affected the proceeding of this matter to be heard in detail by all parties. In addition, it will provide an opportunity for parties to present any information that had not been explored substantially before the court,” the DPP said in a circular dated November 30.
Court in 2019 heard that the two murdered Cohen between July 19 and July 20.
They pleaded not guilty to the charges before High Court Judge Stella Mutuku and were released on a cash bail of Sh2 million each.
But Mr Karanja was re-arrested soon after his release and taken to the Naivasha Law Courts.
Wairimu in 2020 claimed that Cohen was murdered and dumped in a septic tank at their home while she was in police custody.
She told court that the businessman was murdered by people who were well known but who were enjoying the protection of officers from the Directorate of Criminal Investigations (DCI).
“My husband was murdered by people who wanted to grab our Sh500 million matrimonial home in Kitisuru. They had me arrested on August 28, 2020, then colluded with investigators to implicate me after planting his body in a septic tank while I was in custody,” she swore.