Cohen’s sister Gabriele Van Straten had strongly opposed the withdrawal of the case.
However, the court has said the DPP is an independent office and he does not need anyone’s permission to discharge his mandate.
Sarah Wairimu the widow of murdered businessman, Tob Cohen is off the hook in his murder case.
This is after Justice Daniel Ogembo allowed the application for withdrawal that was made by the DPP last week and discharged Wairimu and her co-accused Peter Karanja.
Judge Ogembo said he was not convinced by the victim’s objections to the withdrawal application that was made by the DPP.
Cohen’s sister Gabriele Van Straten had strongly opposed the withdrawal of the case saying the family who are victims were not informed by the DPP that he was going to drop the case.
However, the court has said the DPP is an independent office and he does not need anyone’s permission to discharge his mandate including charging and discharging.
Judge Ogembo also said that in this case discharging the two accused did not mean they are off the hook because the case is going to an inquest so the accused could still be charged with the offense.
He also ruled that the DPP did not act in bad faith when he made the application to withdraw the matter
Sarah Wairimu Cohen was charged three years ago and the case has never proceeded.
The body of Cohen, a former CEO of Philips Electronics East Africa, was found dumped in a septic tank at his home in September 2019.