Tob Cohen family opposes DPP move to withdraw murder case

The family of the late Tob Cohen has vehemently opposed the intention by the Director of Public Prosecution (DPP) Noordin Haji to withdraw murder charges against Sarah Wairimu.

Through their lawyers, Danstan Omari and Cliff Ombeta, the family on Wednesday November 30, urged Justice Daniel Ogembo not to allow the DPP to terminate the murder trial against Wairimu and his co-accused person Peter Karanja as they were not consulted before the decision was made to withdraw the case.

“There is no information of the withdrawal that was given to the victims at any given time, how this matter was considered and how the matter was arrived at to have the case terminated and go for an inquest,” Ombeta said.

Lawyer Ombeta says they only learned of the withdrawal on social media.

“If it was in good faith, why did the DPP keep quiet and ambush us in court without written reasons for the withdrawal in the letter filed in court seeking to withdraw and Nolle Prosequi (do not prosecute) entered,” he said.

Omari also informed the court that the DPP had not given sufficient reasons as to why the matter should be withdrawn.

He attested that the victims ought to have been informed about the new developments instead of being left in the dark.

The lawyers added that the DPP would have contacted the victims directly or indirectly and given them an opportunity to respond on the matter before it is withdrawn.

Cohen’s family urged the court to disallow the DPP’s application to terminate the case as his intentions are in bad faith.

The family also opposed a request by Wairmu’s lawyer Philip Murgor to have the court allow her back to her matrimonial home in Kitisuru following the termination of the matter charges.

Lawyer Ombeta urged the court not to allow Wairimu back to the house as it is still a scene of crime following the DPP’s decision to have an inquest opened over the death of Cohen.

The objection by Cohen’s family comes after the DPP’s office recommended that the case be heard through an inquest after the retraction of affidavits by DCI officer John Gachomo concerning the case.

According to the prosecutor Wangui Gichuhi, the inquest will allow all parties to hear in full the discrepancies that hampered the case’s progress.

“Some crucial areas had still not been provided to the prosecution like cell phone data and statements of Key witnesses had yet to be finalized.

“Several parties had stated they had additional information which has not been included in the investigation file.

“We as an office believe that it is necessary at this point in time to have this matter withdrawn and terminate the case to enable the areas highlighted to be covered efficiently and effectively and to allow information that had not previously been available to be tendered. The best way we believe is to proceed through an inquest,” the prosecutor stated.

DPP’s reasons

The DPP further based his reason to have the matter withdrawn after Senior Assistant Inspector General of Police John Gachomo, who is the Director of the Investigations Bureau at DCI headquarters filed an affidavit at the High Court constitutional and Human Rights Division in Milimani on October 10 this year contending that his former boss George Kinoti duped him into signing the explosive documents to implicate Court of Appeal Judge Justice Sankale ole Kantai into the heinous murder of Cohen.

Wangui told the judge the move by the Gachomo to disassociate himself completely and disown the contents of the said affidavits brought contradictions in the case.

However, Murgor said that they had previously requested that the murder charges against her be dismissed after damning accusations were made against former DCI George Kinoti, who was involved in the investigations.

Cohen was murdered in 2019 and his missing body was found in an underground tank at his home in Kitisuru, Spring Valley, Nairobi. His wife was charged with his murder.

Justice Ogembo will rule on whether the court will allow the DPP’s request to terminate the murder case against Wairimu and her co-accused Karanja on Tuesday next week.