Dutch billionaire Tob Cohen’s widow Sarah Wairimu has been dealt a blow in a case in which she is charged with the murder of her husband.
This is after the High Court in Nairobi dismissed Wairimu’s application to have the murder charges against her dropped.
Wairimu, who was charged with her husband’s murder in 2019, moved to court in November last year pleading with the court to declare her trial a mistrial.
Through city lawyer Philip Murgor, Wairimu claimed that the deceased was murdered when she was still in custody and the body dumped in a septic tank in their Kitsuru home.
She claimed that her husband’s killers orchestrated the murder but are enjoying the protection of the Directorate of Criminal Investigations (DCI).
These well-known people, she said, wanted to lock her out of Cohen’s will.
But in a ruling delivered on Thursday, Justice James Makau stated that his court has no jurisdiction to hear the application hence allowing the state’s objection.
While dismissing the application, Justice Makau ruled that the case was filed in the wrong court because his court has the same status as the other two high courts where Wairimu has two pending cases.
The suspect has a murder case before the criminal high court and a succession matter before the Family Division.
Wairimu, the judge ruled, should have raised the issues before any of those two courts.
“If she was dissatisfied with the ruling of either the family or criminal court she should have appealed but not pursue her case before this court, ” the judge said.
The defence team said it will appeal the ruling.