Sarah Wairimu, the woman accused of the 2019 murder of Dutch tycoon Tob Cohen, will spend the weekend at Lang’ata Women’s Prison after being presented before the Kibera Law Court on Friday. The court was tasked with deciding whether Wairimu should undergo a mental assessment before pleading to the charges brought against her.
Wairimu, who was arrested on Thursday and detained at Kilimani Police Station, faces charges related to Cohen’s death. Her defense team opposed the prosecution’s request for a fresh mental assessment, arguing that no new evidence had emerged to justify such a step. The defense pointed out that a mental assessment had already been conducted in 2019, shortly after her initial arrest. They emphasized that nothing had changed to warrant another evaluation.
During the hearing, Senior Assistant Director of Public Prosecutions, Vincent Monda, urged Justice Diana Kavedza to exercise her discretion and order the mental assessment. Monda argued that the assessment would help ensure that Wairimu was fit to stand trial. He stated that after the assessment, the prosecution would proceed with the plea-taking process.
In response, Wairimu’s legal team questioned the validity of the new charge sheet presented by the prosecution. They pointed out that in 2022, the Director of Public Prosecutions (DPP) had entered a ‘nolle prosequi,’ effectively dropping all charges against her. The defense expressed concerns over the integrity of the investigation, suggesting that the introduction of fresh charges was problematic, especially given the earlier legal decision to discontinue the case.
This case has had several twists, including the DPP’s initial decision to drop the charges and convert the investigation into an inquest. Following the review of the case, however, new information surfaced, leading to the re-opening of the murder case and the reintroduction of charges against Wairimu.
The court also had to address the issue of whether the prosecution could bring fresh information after the charges were dropped. Monda clarified that while the charges were dismissed in 2022, this did not prevent a new prosecution based on new evidence.
Justice Kavedza ordered both parties to return to court on Monday for a ruling on the issues raised. This will include the question of whether a mental assessment is necessary before Wairimu can formally enter a plea to the charges against her. For now, Wairimu remains in custody as the legal process unfolds.
