The court has faulted the Directorate of Public Prosecutions (DPP) for failing to disclose witness statements and evidence on Tob Cohen murder case from Sarah Wairimu, one of the main suspect.
According to High Court Judge S. N Mutuku, the DPP acted in bad faith and subverted justice by withholding the statements and the evidence from Ms Wairimu for eight weeks.
“I wish to strongly caution prosecution that the delay in providing the two accused persons through their legal counsel with the list of witnesses and the necessary statements and the evidence the prosecution will be relying on in this case is in contravention of the law,” said the judge.
“The delay in so doing, in my view, is in bad faith and a subversion o justice,” he added.
The court ordered that the prosecution supplies the accused with the documents, to enable the case to continue.
“Any further delays is uncalled for. I call on the prosecution to take this direction with the seriousness it deserves because in the past I have seen some laxity in following directions of this court to the letter,” added Justice Mutuku.
Yesterday, the court gave an order merging the murder cases against Sarah Wairimu and Peter Karanja, who are the main suspects in the murder of Tob Cohen. The two had initially objected the application by the DPP to merge the two cases.
The mention of the case is set for November 12.