Sarah Wairimu Kamotho, who is accused of murdering her Dutch husband Tob Cohen, wants to be allowed to attend his burial, slated for Monday.
Ms Kamotho on Friday filed an application at the High Court seeking orders to compel Lang’ata Women’s Prison to allow her to send off her estranged husband.
"We urge this court to issue a production order to the OC Lang’ata Women’s Prison to produce and escort Sarah Wairimu to the Jewish Cemetery on September 23, 2019 at 1.30pm to attend the funeral of Tob Cohen," her lawyer Philip Murgor says in the application.
Ms Kamotho, who refused to witness opening of her husband’s Will on Friday, is awaiting to plead to a charge of murdering him on September 26.
In the application by Mr Murgor, Ms Kamotho has named Director of Public Prosecutions Noordin Haji as the defendant while Ms Gabrielle Van Straten, Mr Cohen’s sister, has been named as an interested party.
Ms Kamotho says she wants to participate in the burial rites of her late husband.
Lawyer Cliff Ombeta, who is representing the Cohens, said the family is not opposed her attendance.
DPP Haji did not oppose the request either.
Justice certified the case as urgent and directed the parties to return to court on Monday 8am for the ruling.