Dutch businessman Tob Cohens’s widow Sarah Wairimu and her co-accused Peter Karanja have been discharged from the murder case.
“I hereby allow the nolle prosequi entered by the public prosecutor on November 29th and the two accused persons are accordingly discharged of the charges .It is recommended that this case be filed as an inquest before the Chief Magistrate courts in Milimani Law Courts.
This is after the Directorate of Public Prosecution (DPP) withdrew the case and the court allowed an inquest to be filed before the Chief Magistrate’s court.
Cohen’s sister Gabriele Van Straten strongly opposed the withdrawal of the case stating that the family was not informed by the DPP that the case would be withdrawn.
The family added that the DPP had not acted in good faith as the he had not given any reasons in writing and that was an infringement on the rights of the victims.
The family,through their lawyers , Danstan Omari and Cliff Ombeta, on Wednesday persuaded Justice Daniel Ogembo not to allow the DPP to drop the murder probe against Wairimu and his co-accused ,Karanja as they had not been consulted before the decision to withdraw the case was ,made.
“There is no information of the withdrawal that was given to the victims at any given time, how this matter was considered and how the matter was arrived at to have the case terminated and go for an inquest,” said Ombeta .
The lawyer added that they only learnt of the withdrawal on social media.
“If it was in good faith, why did the DPP keep quiet and ambush us in court without written reasons for the withdrawal in the letter filed in court seeking to withdraw and Nolle Prosequi (do not prosecute) entered,” he said.
Lawyer Danstan Omari also informed the court that the DPP had not given enough reasons as to why the matter should be withdrawn.
According to the DPP,the move has been made in the interest of justice and is not an abuse of power.
A letter from the DPP read, “This will enable the contradictions that have affected the proceedings of this matter to be heard in detail by all parties. In addition, this will provide an opportunity for parties to present any information that and not been explored substantially before the court.”
The court however clarified that that Wairimu and her co-accussed ,Peter Karanja stand discharged and have not been acquitted of the murder charges.
Sarah Cohen was charged three years ago and the case was never proceeded.
Tob Cohen’s body was found dumped in a septic tank at his home in September 2019.
BY STACY ODHIAMBO