Sarah Wairimu, the widow of tycoon Tob Cohen wants her matrimonial house back.
Wairimu, through lawyer Philip Murgor, has applied to have the key to the house returned to her as it is not part of the evidence. She has denied murdering her husband.
“My client wants back her house because she still has her personal belongings there and she is still the owner,” Murgor said on Wednesday.
He is seeking for a date when the house will be opened “and we request the investigating officer, Maxwell Otieno, to hand the key since the house belongs to my client and her belongings are in it.”
However, lawyer Cliff Ombetta, for the Cohen family, told the court that he needed time to respond, arguing that according to the deceased’s will, the house does not belong to the accused.
Justice Stella Mutuku directed the parties to respond and file submissions by December 6.
State counsel Alexander Muteti told the court that they had supplied the defence with 10 of of the 17 witness statements needed in the case.
Muteti said he needed more time to present the seven remaining statements since they involve expert witnesses who have not been analysed by the forensic expert.
“We have filed 10 statements and we pray that the remaining seven be filed before the pretrial conference since some of the witnesses are being considered for witness protection,” he said.
Murgor complained that for about 75 days, the prosecution had only provided 10 statements, saying “the investigations are still going on”.
The lawyer further said that in a November 8 letter to the DPP and DCI, Wairimu has requested for the compilation of the evidence such as various phone call records and texts involving some police officers.
Muteti said that the DPP has supplied the defence with statements, an indication that they are serious with the case.
He, however, said the request for call records for police officers will not be accepted as it infringes on the rights to privacy.
“We need further reasons from Sarah why the officers talked to who and why which the letter has not provided. We can’t provide because we don’t know if they have an oblique motive,” Muteti said.
Justice Mutuku directed the prosecution to file the remaining seven statements before the pretrial on December 6. The hearing was fixed for July 6-16, 2020.
The judge, however, said she will rule on notice Wairimu’s application to have DCI boss George Kinoti’s found in contempt for discussing the case in violation of a September 16 order.
The widow had filed a contempt of court application against Kinoti In the preliminary objection, but the DCI boss argued that the court has no jurisdiction to hear the application because the application is premised on the Civil Procedure Act that does not apply in the High Court.
Wairimu was arrested on August 28, in connection with the disappearance of her husband on July 19, 2019. She was subsequently charged with murdering Cohen.
She has denied the charge.