The prosecution has sought to consolidate murder charges against Sarah Wairimu Kamotho and Peter Karanja. The two were separately charged with murdering Dutch tycoon Tob Cohen on the night of July 19 and 20, this year.
In an application heard by Justice Stella Mutuku on Tuesday morning, senior assistant Director of Public Prosecutions Catherine Mwaniki said the victim was the same and the particulars including dates of the offence, place and time were also the same.
She said the witnesses to be called were the same and the two files ought to be consolidated.
But Ms Kamotho, through lawyer Philip Murgor, said the application at this stage was premature because they were yet to be supplied with witness statements and exhibits to be used in the trial.
Mr Murgor told the court that the prosecution should comply with the law and the Constitution and supply the documents as required. Justice Mutuku will rule on the application this afternoon.
The two had been charged separately with the murder on tycoon Cohen on the night of July 19 and 20, this year.