Tob Cohen’s estranged wife was today in court with her lawyer, Philip Murgor waiting to be charged with the murder of her husband.
The Dutch tycoon is still missing after disappearing on July 19, 2019.
The 69-year-old Cohen and his Kenyan wife Sarah Wairimu were embroiled in a bitter divorce case. This was because of property worth hundreds of millions of shillings.
The murder case will be among one of the few cases where police will charge an accused without the body.
The prosecution wants Wairimu to be taken for mental assessment before she takes the plea. Adding that they have registered a charge of murder but will only be taken once she is taken for a mental exam.
Her lawyer Philip Murgor opposed that and argued that “there is no deceased as we speak”.
He noted that there is no evidence in court linking her to the said offence. Murgor wants evidence to be issued.
The prosecution insisted that they can charge without a body. And it’s their job to prove that he was killed. The prosecution also told Murgor to wait until they complete with the production of evidence.
George Kinoti led a team of investigations to Wairimu’s home, yesterday. They were supposed to dig a compost pit but they have not.
Murgor says the Kinoti took Wairimu to the home that she shared with Cohen and took her through the house including kitchen, bathrooms and other rooms.
Justice Kariuki from Garissa who was standing in for Lessit said he cannot issue any orders except directions.
He ruled that the application will be deferred until next week. Sarah will be remanded at Langata Women’s prison and a mental exam is carried.
Prosecutor says that some witnesses in the murder case will be protected witnesses.