A Nairobi court on Thursday allowed late tycoon Tob Cohen’s widow, Sarah Wairimu, to collect her personal effects from her matrimonial home.
Justice Stella Mutuku, allowed Ms Wairimu, who is charged with the murder of Cohen, to collect clothes, shoes and grooming tools from the Kitisuru home but under supervision by authorised officers from the Directorate of Criminal Investigations (DCI). The ruling was given to the petitioner by Justice Daniel Ogembo.
In November last year, Ms Wairimu, through her lawyer Philip Murgor, filed an application seeking access to her home to collect her personal effects.
In the application, Ms Wairimu noted that she has been forced to purchase new clothes in an effort to make do and has had to depend on goodwill from friends and family when travelling to and from court and on business jointly owned with her late husband.
“The applicant has lost a significant source of income and is therefore only capable of meeting her immediate subsistence needs and is constrained to further meet the cost of the purchase of new items,” the application read in part.
Addressing the press after the Thursday directive, Murgor noted that all other property in the house that Ms Wairimu had requested access to, shall await a January 27, deadline that has been given by the High Court for the DCI to conclude forensic investigation.
Other items that Ms Wairimu listed in her application include beverages, electronics (including music system and television sets), books, personal photographs, pictures, artwork and files.
Ms Wairimu also sought orders to compel DCI boss George Kinoti to release her personal motor vehicle registration number KBW 171G and her two dogs.
She argued that the DCI is in illegal possession of her home and her property, which amounts to a gross violation of her rights.
The prosecution opposed to the car being released to Ms Wairimu.
State prosecutor Catherine Mwaniki told the court that the car is an exhibit as the late Cohen had access to it and the multimillion house is an active crime scene.
Last month, the suspect filed a new application seeking control over her late husband’s Tobs Kenya Golf Safaris.
The lawyer argued that the company risks collapsing should Tob Cohen’s widow not be allowed to run it.
Murgor also sought to have murder charge against his client dropped citing lack of witness statements and documentary evidence against her.
He said it had been over 100 days since his client was arrested and charged yet the prosecution was yet to furnish them with the statements as is required.
He further accused state counsel of coaching witnesses, allegations the opposing counsel denied.
The matter will be mentioned on February 3, 2020.