This archive report was first published on 1 October 2019.
Lawyer Philip Murgor's resignation from the Tob Cohen murder case has sparked debate over his status as a State Prosecutor. The advocate maintains he had resigned and accused the Prosecution of working with politicians to 'buy time.'
On Tuesday, Murgor stated, 'I am not a prosecutor and don't want to be a public prosecutor…so I'm not boarding. A resignation is absolute and unilateral…we have not been served with any evidence…we have an application for bail pending.'
Despite Murgor's claims, the Prosecution insists that his status as a prosecutor remains active, citing a Gazette notice dated January 16, 2018. Catherine Mwaniki, a Prosecution representative, stated, 'This gazette notice has not been revoked …Murgor knows that we have not revoked the appointment..I did not raise the objection ….lawyer Cliff Ombeta did…due process has to be followed… we are in the process and we will forward the papers to the AG.'
Cliff Ombeta, another lawyer involved in the case, insisted that Murgor should not represent Sarah Wairimu Cohen until the issue of revocation has been dealt with. He stated, 'We do not want to end up with a mistrial …it is a very important issue..he needs to have cleared that first then come back. It is a fact… that gazette notice has to be revoked …Maybe he is a mole.'
Justice Stella Mutuku has scheduled a ruling on the matter for Thursday.
