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Court denies Sarah Wairimu bail for third time in Tob Cohen murder case


Sarah Wairimu, the widow of slain Dutch tycoon Tob Cohen, has suffered yet another setback after the High Court on Tuesday denied her bail for the third time, citing witness intimidation, flight risk, and interference with the crime scene.

Justice Diana Kavedza ruled that Wairimu will remain in custody at Lang’ata Women’s Prison until the conclusion of her murder trial, saying the interests of justice and public interest outweighed her right to personal liberty.

“It is my considered view that the principles of justice and public interest outweigh the accused’s right to liberty at this stage,” Justice Kavedza ruled.

“The court must protect witnesses and preserve the integrity of the trial,” she said.

Wairimu is charged with the murder of Cohen, whose body was discovered in a septic tank at his Kitisuru residence, Nairobi, in July 2019.

She pleaded not guilty in February 2019.

Her latest bail application was based on the fact that the prosecution’s two key witnesses had already testified in April 2025.

However, Justice Kavedza dismissed the claim that this amounted to a significant change in circumstance.

“The court did not guarantee release once the witnesses testified. “Instead, it merely opened the door for reconsideration, provided compelling circumstances were shown,” ,” the judge said.

One of the key grounds for the court’s to deny her bail yet again was Wairimu’s alleged intimidation Corporal Pascal Buana, in open court.

The officer testified in court that Wairimu whispered the phrase “shame on you” to him three times during proceedings.

“If the accused can intimidate an armed officer in open court, what might she do outside, where the court has no eyes or ears?” Posed , Justice Kavedza.

The court had previously directed the accused to apologise for the incident via affidavit, an apology she submitted.

 However, Justice Kavedza said the gesture lacked remorse and failed to assure the court that witness safety would be guaranteed if she were released.

The judge also flagged serious concerns over Wairimu’s travel history.

Despite an earlier court order by the Milimani High Court requiring her to surrender her passport, an immigration report revealed she had traveled abroad several times using a second passport, which she allegedly obtained without the knowledge of the investigating officer.

“The fact that the accused could acquire a second passport while the first remained with the police cannot be ignored,” the judge noted.

“This court finds her a flight risk.”

In addition, Wairimu admitted to renovating the crime scene, the Kitisuru residence in Spring Valley, Nairobi, despite a prior court order placing the property under the custody of Spring Valley Police.

“Scenes of crime need to be preserved,” Justice Kavedza said.

“Tampering with the property undermines the administration of justice.”

Citing the likelihood of further witness interference, risk of absconding, and compromised crime scene integrity, the judge ruled: “The accused shall remain in custody until the conclusion of the trial. Only then will this court revisit the question of bail.”

The case will be mentioned on July 30, 2025 for fixing of hearing dates

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