This archive report was first published on 2 October 2019.
On October 2, 2019, a court hearing in the Tob Cohen murder case took a dramatic turn as the prosecution raised questions about the representation of Sarah Wairimu, the widow of the slain Dutch national. The High Court judge Stella Mutuku was expected to rule on whether lawyer Philip Murgor could continue representing Wairimu, but the plea-taking was deferred for the fourth time.
According to the prosecution, Murgor's status as a public prosecutor was in question, and they wanted the Attorney General to confirm whether he was still in that position. Murgor, however, denied any wrongdoing and accused the prosecution of colluding with legislators to remove him from the case.
“I am not even sure whether Catherine Mwaniki is receiving instructions from the Director of Public Prosecutions (DPP) or from the Members of Parliament to have me removed from this case,” Murgor said.
Murgor also claimed that he had resigned from being a public prosecutor and that it was not his duty to follow up on whether the State accepted his resignation or not. He added that he was representing senior Government officials in the Kimwarer and Arror dams scandal cases and had never received a cent from the State for being a public prosecutor.
“Unless the prosecution wants me to continue suffering and not conduct my duties, they should allow me to continue with my work,” Murgor said.
However, Mwaniki took issue with Murgor's claims, saying that he should substantiate and provide evidence on those serious allegations. The case has been marred by delays, with Wairimu having been in custody for 35 days without any evidence being produced in court.
