Blow to Sarah Wairimu in Tob Cohen Case

The trial of the murder case has never taken off after she was charged in 2019 in connection to Cohen's murder.

Marvin Chege Marvin Chege
Mar 11, 2021 - 13:31
0
Blow to Sarah Wairimu in Tob Cohen Case
Sarah Wairimu at the Milimani Law Court in Nairobi on September 12 ,2019. /THE STAR

Sarah Wairimu suffered a massive blow after her bid to stop her prosecution for the murder of her late husband Tob Cohen was blocked by the court.

Wairimu moved to court in November 2019 to challenge her prosecution.

The trial of the murder case has never taken off after she was charged in 2019 in connection to Cohen's murder.

However, Justice James Makau ruled that his court has no jurisdiction to hear her application. He thus gave the green light for the application by the state opposing the case by Wairimu.

Judge Makau ruled that Wairimu filed her case before the wrong court as his court bears the same status as the other two high courts.

Wairimu has a murder case before the criminal high court and a succession matter before the Family Division.

"If she was dissatisfied with the ruling of either the family or criminal court she should have appealed but not pursue her case before this court, " the judge said.

Justice Makau further stated that it was clear that his court only has jurisdiction over subordinate courts but not superior courts of the same status.

Wairimu's Lawyer Phillip Murgor vowed that they would appeal the ruling.

Wairimu was charged with killing Cohen two years and pleaded not guilty. Postmortem examination results would later reveal that a blow to the right side of the head is what killed him.

Tags: