Sarah Wairimu, widow of the late Tovah Cohen, has been remanded at the Lang Ata Women’s Prison for the High Court to consider whether she should undergo another psychiatric assessment before being charged with murder in connection with the death of her husband. Justice Diana Kavedza set a sentencing date of January 29, 2025 to decide whether Wairimu should be required to undergo a psychiatric assessment before pleading guilty to murdering her husband in July 2019.
Wairimu appeared before the Kibera High Court but did not plead guilty to murder after the Director of Public Prosecution (DPP) through prosecutor Vincent Monda asked the court to order Wairimu to undergo a psychiatric assessment before pleading guilty. Prosecutor Monda argued that the measure was necessary for the proper administration of justice and would ensure that Wairima understood the charges against her and could participate in her defense.
The DA’s demands stem from ongoing concerns about Wairimu’s mental health, which have been a point of contention since her arrest. However, Wairimu’s legal team, led by attorneys John Maina and Conrad Maruba, strongly opposed the demand, arguing that their client is fit to stand trial.
According to Maina, Wairimu has been actively involved in all previous court proceedings, including a murder case before the Milimani High Court and an inquest into the death of her husband. Our client is mentally stable and fully engaged in the Milimani Court proceedings.
Wairimu’s defense team is also challenging the manner in which she was arrested. Contrary to the prosecution’s arguments, the defense said Wairimu voluntarily presented herself to Department of Criminal Investigation (DCI) officers at Kilimani Police Station on January 23, 2025 to collect her belongings including her passport.
To say that she was arrested is incorrect. She voluntarily surrendered to DCI officers and there is no need to detain her further,” Maina added.
Wairimu’s legal representative also noted the history of the case, which has been fraught with delays and complications. Stay tuned for the latest updates.
Subscribe to our newsletter The prosecutor’s office originally charged Wairimu with the murder of Tovah Cohen in 2019, but the case was suspended after the district attorney decided to drop the charges (indictment). Following that decision, an inquest into Cohen’s death was held, but on December 16, 2024, it was also withdrawn after further investigation by the District Attorney.
According to the prosecution, the reopening of the case in the Kibera High Court was based on new evidence and led to new charges against Wairimu. The defense questioned whether the prosecution had sufficient grounds to reopen the case, noting that the investigation faced numerous challenges, including the absence of key witnesses in the early stages.
The defense sees no reason to further delay the process by subjecting our client to an unnecessary psychiatric evaluation,” Mr. Marova argued. The prosecution, however, argues that the reopening of the case and new evidence requires a thorough assessment of Wairimu’s mental state before proceeding to a new trial.
They argue that a new psychiatric evaluation will ensure a fair trial and that Wairimu fully understands the nature of the trial to which he is being subjected. In 2019, the Cohens’ bodies were found in a septic tank at their home in Kitisuru, Nairobi County, sparking widespread media and public interest.
