Wife to deceased Dutch billionaire Tob Cohen, Sarah Wairimu, was on Friday released on a cash bail of Sh 2 million or bond of Sh 4 million and two sureties.
Justice Stella Mutuku freed Wairimu on bond terms saying that the prosecution failed to provide compelling reasons to deny her bail.
However, Mutuku allowed her bail application on conditions that before Wairimu pays the bail or bond she should provide testimonials from her father Japheth Kamotho and those who will host her namely Mama Lucy Mwangi in Kileleshwa and Betty Wamaitha who lives on State House Road before she is released.
“This court has no compelling reasons to deny the accused person bail. Consequently, l allow the application by Wairimu,” Mutuku said.
Wairimu was also ordered not go near any businesses they co-owned with her late husband Cohen including Tobs Kenya Golf Safaris.
She was ordered to not contact Cohen’s two siblings Gabrielle and Bernard Cohen.
The judge further directed Wairimu to provide testimonials telling the court how she will support herself while out on bail and during the hearing of her murder case.
The court has also directed the office of DCI to continue holding Wairimu’s passport pending further directions.
This is after the court noted that there is no evidence has been adduced to show she has another passport.
“I find that the prosecution has not proved that she will flee from jurisdiction,” ruled Justice Mutuku.
Wairimu was further barred from going near their matrimonial home in Kitisuru Nairobi county unless with the court permission listing the items she needs to correct from there in.
“It is clear the home is being guarded by police but the accused, being without a home is not her cannot bar this court from granting her bail as she has provided an alternative place of residence where she will stay and has able parents,” said Mutuku.
On interference of witnesses, Mutuku also warned Wairimu from contacting any witnesses in the case whether directly, indirectly or through her associates.
In her ruling, justice Mutuku allowed her bail application saying that bail is a constitutional right to all accused person charged unless there are compelling reasons.
However the DPP through Catherine Mwaniki said it is dissatisfied with the ruling and will appeal.
At the same time another suspect Peter Karanja was charged in the court over the murder Cohen murder.
This is after the prosecution tabled a mental report confirming that Karanja is fit to take plea.
He has denied that on night of July 19 and 20, 2019 with others not before court murdered Tob Cohen.
