Sarah Wairimu wants Tob Cohen murder trial declared a mistrial
Sarah Wairimu wants Tob Cohen murder trial declared a mistrial
Sarah Wairimu has filed an application in the High Court seeking to have her trial in the murder case of Dutch businessman Tob Cohen declared a mistrial, citing alleged procedural and constitutional irregularities.
The application was heard on Friday before Justice Diana Kavedza at the Kibera High Court.
Through her lawyer, Wairimu requested the court to nullify previous rulings and have the case reassigned to a different judge for a fresh hearing.
The defence also asked the court to expunge certain documents filed by the prosecution, citing procedural concerns.
Wairimu clarified that the application does not seek the presiding judge’s recusal, emphasising confidence in the judiciary while noting issues in how the proceedings have been conducted.
“The application is not for recusal; there is no reason to allege conflict of interest or perceived bias,” her lawyer submitted.
The defence questioned the prosecution’s reference to an application allegedly filed on January 7, 2025, when the charge sheet is dated January 23, 2025.
Certified court records reportedly show no proceedings between January 7 and January 24, when the matter first came before the court.
The lawyer also challenged the filing of certain bundles before the court, arguing that there was no legal basis under witness protection rules and that “unilaterally placing documents before the court violated Wairimu’s constitutional rights.”
The defence maintains that these actions render the proceedings unlawful.
In her application, Wairimu further alleged that the prosecution uploaded a substantial portion of what it termed a committal bundle onto the court’s digital platform, which she says is not recognised in law and could revive obsolete procedures.
She contends that this conduct improperly exposed the trial court to evidentiary material it was not legally entitled to access, potentially affecting impartiality.
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The prosecution, represented by State Counsel Vincent Monda, raised objections to the application, arguing that it does not specify any bias or conflict of interest on the part of the presiding judge.
The counsel said the defence appears to be re-litigating matters already considered by the court.
Regarding the previous ruling denying bail to the accused, the prosecution noted that the matter is now under appeal in the Court of Appeal, limiting the High Court’s authority to revisit the decision.
On procedural matters, the prosecution stated that the mental assessment report and the order to escort the accused to Mbagathi Hospital were conducted lawfully and did not prejudice the defence.
The State Counsel also addressed the filing of documents on the e-platform, explaining that the system is used to register and track filings digitally alongside the physical service of documents, in line with current procedural rules.
On the handling of witnesses, the prosecution said that scene visits and protected witness testimonies were conducted with the participation of both parties, including opportunities for cross-examination and submissions.
“The scene visit was conducted during pretrial. We were clear from the onset that we would visit the scene and begin with a protected witness; no objection was raised by the defence lawyer at that time. Witnesses were sworn and cross-examined, and both parties were allowed to make presentations before the court reached its findings,” State Counsel Monda said.
The prosecution concluded that the trial has followed due process and that the defence’s application largely reiterates points already considered, and therefore does not warrant nullification of proceedings or reassignment of the case.
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