Sarah Wairimu, widow of the late Tob Cohen, has been remanded at Lang’ata Women’s Prison as the High Court considers whether she should undergo a fresh mental assessment before facing a murder charge related to her husband’s death.

 Justice Diana Kavedza has set a ruling date for January 29, 2025, to determine she will order Wairimu go mental assessment before she pleads to the charge of murdering her husband in July 2019.

Wairimu had been arraigned in before Kibera High Court but she did not plea to the murder charges after the Director of Public Prosecutions (DPP), through prosecutor Vincent Monda, requested the court to order a mental evaluation for Wairimu before she pleads.

Monda argued that this step is essential for the proper administration of justice, ensuring that Wairimu is capable of understanding the charges against her and participating in her defense.

The DPP’s request stems from ongoing concerns about Wairimu’s mental fitness, which has been a point of contention since her arrest.

However, Wairimu’s defense team, led by lawyers John Maina and Conrad Maloba, vehemently opposed the request, arguing that their client is fit to stand trial.

According to Maina, Wairimu has actively participated in all prior court proceedings, including the murder case that had had previous been filed at Milimani High Court and an inquest into her husband’s death.

“This is not a new matter, and there is no evidence to suggest that she is unfit for trial. Our client has been mentally stable and fully engaged in these legal proceedings at Milimani Law courts ,” Maina told the court.

Wairimu’s legal team also disputed the manner in which she was arrested.

Contrary to the prosecution’s claims, they stated that Wairimu had voluntarily presented herself to the Directorate of Criminal Investigations (DCI) officers at Kilimani Police Station on January 23, 2025, to retrieve her personal belongings, including her passport.

 “It is misleading to suggest that she was arrested. She willingly reported to the DCI, and there is no need for further detention,” Maina added.

Wairimu’s legal representatives also pointed to the history of the case, which has been marred by delays and complications.

The prosecution initially charged Wairimu with the murder of Tob Cohen in 2019, but the case was temporarily halted when the DPP entered a nolle prosequi (no prosecution), effectively dropping the charges.

This decision was followed by an inquest into Cohen’s death, but the inquest was also withdrawn on December 16,2024 by the DPP further investigation.

According to the Prosecution, the recent reopening of the case in Kibera High Court is based on new evidence, leading to the fresh charges against Wairimu.

The defense lawyers questioned whether the prosecution had sufficient grounds to pursue the case again, noting that the investigation had faced numerous challenges, including the absence of key witnesses during the earlier stages of the proceedings.

 “There have been significant gaps in the investigation, and the prosecution’s case remains unproven. The defense believes that there is no reason to delay the trial further by subjecting our client to unnecessary mental evaluations,” Maloba argued.

The prosecution, however, contends that the reopening of the case and the new evidence warrant a careful assessment of Wairimu’s mental health before proceeding with the new case.

 In their view, a fresh mental assessment will ensure that the trial is conducted fairly and that Wairimu is fully aware of the legal process she is undergoing.

In 2019, Cohen’s body was discovered in a septic tank at the couple’s home Kitisuru, Nairobi county, sparking widespread media coverage and public interest.