Sarah Wairimu queries Cohen murder probe in fight for home
What you need to know:
- Her lawyer Philip Murgor said on Friday that police, led by Inspector Maxwell Otieno, took control of her home six months ago.
- Mr Murgor argues that there no investigation is taking place at Ms Wairimu's matrimonial home and that the property is not an active crime scene as alleged by police.
- Ms Wairimu also argues that the recovery of her husband's body at the home on September 13, 2019 was suspicious as she was not present.
Sarah Wairimu Cohen, widow of slain Dutch businessman Tob Cohen, wants the court to order detectives to leave her matrimonial home, saying they have delayed their investigations into the murder.
Her lawyer Philip Murgor said on Friday that police, led by Inspector Maxwell Otieno, took control of her home six months ago.
They took her house keys on September 13, 2019 and subsequently took control of the premises in Kitisuru.
"The continued holding of her matrimonial property by the DCI is without lawful cause and there is no sufficient legal cause [for it]," Mr Murgor says in court documents.
The lawyer also says there is no reason for police to continue holding Ms Wairimu's car, a Porsche, as all swabs, fingerprints and items of interest were collected from it by scene-of-crime officers on September 10 and 11, 2019.
"The applicant is apprehensive that her pet dogs will die and that her home and vehicles will be completely destroyed if held by the respondents until the hearing scheduled for July 6 and 9 and July 13 and 16," he adds.
BODY
Ms Wairimu also argues that the discovery of her husband's body at the home on September 13, 2019 was suspicious as she was not present.
"DCI officers proceeded to the home without a search warrant, to conduct a search, which purportedly yielded the recovery of the body," Mr Murgor says.
"The circumstances surrounding the purported search and recovery were highly suspicious for the reason that DCI boss George Kinoti was present and prematurely announced to the press that he had found the body before the same was retrieved and identified."
CRIME SCENE
Mr Murgor further told Justice Stella Mutuku that in various replying affidavits, Inspector Otieno stated that the home is a scene of crime and that the investigation is yet to be concluded.
Mr Otieno also noted the possibility that Ms Wairimu will interfere with the crime scene or evidence.
But Mr Murgor argues that there is no investigation taking place at Ms Wairimu's matrimonial home and that the property is not an active crime scene as alleged by police.
"The home is fast dilapidating and is in a state of extreme neglect and disrepair, at the risk of being completely wasted," he says in court documents.
"The gardens are overgrown with weeds, the house has been invaded by bats, termites have infested its wood structures and fittings, and the plaster on the walls is peeling off.''
