Sarah Wairimu wants her murder case declared mistrial
Sarah Wairimu, who is charged with the murder of her late husband Tob Cohen, has lodged a fresh suit seeking to declare her case a mistrial.
Through her lawyer Philip Murgor, Wairimu also wants the Constitutional Court to issue an order staying the proceedings against her and her co-accused, Peter Karanja.
Wairimu argues the case against her is founded on hearsay, and built on malicious investigation process with the view to deny her the right to inherit her matrimonial properties.
“According to court papers, Wairimu is also seeking an order compelling Directorate of Criminal Investigations (DCI), Director of Public Prosecutions (DPP)and Inspector-General (IG) of police to release her matrimonial home in Kitisuru pending the determination of succession proceedings.
“That pending hearing and determination of the petition herein, a mandatory injunction do issue an order compelling the State to release LR. No. 2951/449 situated at Farasi Lane, Mugumoini close, Lower Kabete, to the possession and exclusive control of the petitioner,” adds Murgor.
Further, she wants DCI, DPP and IG to jointly provide an undertaking or banker’s guarantee cost and damages for the ongoing damages and destruction due to lack of maintenance, possible theft and vandalism of the matrimonial property all its contents to the tune of Sh500 million.
Wairimu wants the charges quashed, claiming the investigating agencies and the police violated the Constitution in mounting the case against her, including arresting her without warrant of arrest.
Further, she also claims prosecution has not supplied her lawyers with the evidence against her to enable her prepare a substantive rebuttal in defending herself.
Murgor also seeks the file be forward to the Chief Justice to appoint a bench of an even number of judges to hear the petition as it raises weighty constitutional questions.
Justice James Makau certified the matter as urgent and ordered Wairimu to serve the DCI, DPP and IG with the court papers within five working days pending mention on November 31.
Wairimu and Karanja have since been charged following the death of her husband in July last year.