This archive report was first published on 12 November 2019.
Published on November 12, 2019, Sarah Wairimu, the main suspect in the murder of Dutch businessman Tob Cohen, has opposed an application by the prosecution to consolidate murder charges against her and second suspect Peter Karanja.
Through her lawyer Philip Murgor, Wairimu argued that the application was premature since the prosecution had yet to provide witness statements and exhibits it intended to rely on during the trial.
Appearing before Justice Stella Mutuku, the prosecution, led by senior assistant Director of Public Prosecutions Catherine Mwaniki, sought to consolidate the case against the two suspects in the Tob Cohen murder trial.
The prosecution claimed that the particulars of the case, including dates of the offence, place, and time the crime was committed, were similar.
Prosecutors argued that witnesses expected to testify in the case were the same, and consolidating the case would save the court essential time.
However, the defence, through lawyer Philip Murgor, opposed the application, terming it premature on grounds that they had yet to be supplied with witness statements and exhibits to be used in the trial.
The defence team accused the prosecution of failing to comply with the constitution, which requires them to supply the defence with the necessary documents to be relied on in the trial.
Wairimu and Karanja were separately charged with murdering Dutch businessman Tob Cohen on the night of July 19 and 20, this year.
