Spouse of Dutchman to undergo mental test

Sarah Wairimu Kamotho at the Milimani law courts. [George Njunge, Standard]

The State intends to charge the estranged wife of missing Dutch national Tob Cohen with his murder.

A charge sheet produced in court yesterday states that Sarah Wairimu murdered Tob Chichou Cohen on the night of July 19 or July 20, 2019 dawn.

Cohen, a former CEO of Philips Electronics East Africa, was reported missing from their Lower Kabete home in Nairobi.

Wairimu, however, was not required to plead before Milimani High Court Judge Charles Kariuki.

Instead Justice Kariuki directed the prosecution to conduct a mental health assessment on Wairimu before charging her with murder.

Lawyer Philip Murgor, for Wairimu, also objected that the plea-taking was against the law because “the prosecution has appeared in court without any tangible evidence or a body of the alleged deceased”.

The lawyer told Justice Kariuki that his client had been in custody for 16 days and the prosecution ought to have conducted the mental assessment then.

“The prosecution has rushed to court after realising that the legal time to arraign my client was lapsing tonight,” said Murgor.

The court was also told that the prosecution should produce evidence that can sustain a murder charge.

Forensic examination

“The Directorate of Criminal Investigations yesterday raided my client's house for forensic examination, which means that they have not concluded investigations and they have no evidence,” said Murgor.

He also told the court that Wairimu was sexually harassed by the investigating officer handling the matter.

Justice Kariuki said the harassment claims should be tabled before Presiding Judge Jessie Lesiit next week.

Prosecutor Catherine Mwaniki, however, requested the court to remand Wairimu at the Industrial Area Police Station pending the mental assessment.

Ms Mwaniki said although they did not have all the relevant documents, they would give whatever information they had to Wairimu's defence team.

She further told Justice Kariuki there were some urgent cases where the prosecution was at liberty to charge a suspect without producing all the evidence.

“In terms of whether there is a body or not, that should not be a concern to the defense because we will make available the evidence and documents that we have collected at this point,” said Mwaniki.

She added: "The defence is aware that investigation stages take time."

The prosecutor also told the court there were witnesses who would need to be placed in the witness protection programme.

But Murgor accused Mwaniki of rushing Wairimu's prosecution "to please" Cohen's family members who had arrived in the country from the Netherlands.

Addressing the media after yesterday's session, Cohen's sister Gabrie Van Struaten said she hoped for "truth and justice".

She said the family wanted to establish whether Wairimu had played any role in her brother's alleged disappearance.

Police working

“The police have been working quite hard and taking the matter seriously. In the meantime, we hope to find all the answers that we need during the period we will be in the country,” said Ms Struaten, tears rolling down her cheeks.

She added that there was no way her brother would have returned to the Netherlands. “Cohen loved this country and was fond of it. He promoted and invested largely in the golf and safari industry."

Justice Kariuki said he was standing in for Justice Lesiit, who would continue hearing the matter on Monday.