Sarah Wairimu Cohen, who is charged with the murder of her late husband Tob Cohen, has been granted access to her house for purposes of collecting all her clothes, shoes, handbags, grooming tools and wearable items.
The High Court on Thursday directed that Sarah be allowed into the Kitusuru home but under strict supervision by the Directorate of Criminal Investigations (DCI), the investigating officer and in the presence of her lawyers.
However, the court directed that collection of the items should be restricted to the rooms that Sarah occupied prior to her arrest.
At the same time, the court declined to grant her access to all the other rooms in the house to pick other items that she had listed in the application.
The court further ruled that it has no jurisdiction to give her back her Kitusuru home that is currently being guarded by police.
In an application filed in October last year, Sarah Cohen claimed that she was spending a lot of money buying new clothes as she sought the court’s permission to access her Kitusuru home.
Through her lawyer Philip Murgor, the accused said she also wanted her car, which is parked at the house, so that she doesn’t depend on lifts from relatives and friends.
At the same time, the court has dismissed an application by Sarah seeking to have the Director of Criminal Investigations George Kinoti jailed for contempt of court, on grounds that the case was filed in the wrong court.
“It is the view of the court and I so find that I am persuaded by the arguments of all the respondents that this court does not have the jurisdiction to determine this application,” noted Justice Daniel Ogembo.
“In view of this, I hereby allow the Preliminary objections and strike out the application by Wairimu for failure to follow the law and procedure.”
Sarah claimed that the DCI disobeyed court orders issued on September 16, 2019, barring the DCI as well as the prosecution from addressing the media on the investigations and evidence in the murder of Tob Cohen.
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