Cohen’s murder case: Wairimu fails to take plea again

Sarah Wairimu when she was arraigned at Milimani Law Courts on Thursday. Plea taking was pushed to October 1 to enable the state to clarify whether defence lawyer Philip Murgor is a state prosecutor or not. (George Njunge, Standard).

The High Court on Thursday pushed plea-taking by Sarah Wairimu in her husband Tob Cohen’s murder case to October 1.

This is after the prosecution and lawyer Cliff Ombeta who is representing Cohen’s family sought clarification whether Sarah Wairimu’s lawyer Philip Murgor is still a state prosecutor.

Ombeta claimed Murgor has not resigned as a special prosecutor. Murgor on the other hand insisted he resigned on March 7.

“Ombeta should have filed a formal application challenging my position. This is all a distraction, a waste of time and an abuse of the process,” Murgor said.

State prosecutor Catherine Mwaniki told the court she needed time to establish from the Director of Public Prosecutions Noordin Haji whether he revoked appointment of Murgor as a state prosecutor.

Justice Stellah Mutuku directed DPP Haji to clarify the matter before Wairimu takes plea.

The plea-taking was first postponed to September 26 by Justice Jessie Lesiit after it emerged that Wairimu was yet to undergo a mental test.

The judge had also agreed to a plea by defence lawyer Philip Murgor to argue Wairimu’s bail application after his client takes plea. Murgor said Wairimu has been in custody since August 28.

She was arrested days after her husband’s disappearance.

Cohen’s body was found in a water tank in the compound of their Nairobi home on September 13 after he had gone missing for nearly two months.

The Dutch tycoon was reported missing from their Lower Kabete home in Nairobi between July 19 and July 20, 2019.