Sarah Wairimu Cohen through her lawyer Philip Murgor has accused the Director of Criminal Investigation (DCI) together with the prosecution of refusing to provide witness statements and the investigation diary to her as required by the law.
Murgor has written to the Director of Public Prosecution Noordin Haji and the Inspector General of Police Hillary Mutyambai calling for their intervention in the murder case.
Sarah wants the Inspector General of Police to intervene in the case stating that he had authority over the DCI according to Section 28 of the National Police Service Act which states that ‘There is established that the Director of Criminal Investigations which shall be under the direction, command and control of the Inspector General’.
“This is therefore to urgently and formally request you to let us have a list of all the tests/examinations undertaken, and copies of all reports made, including for the Entomology, History, Toxicology and DNA to enable us consult and take instructions on the need for further independent testing and/or examination,” read the letter.
Murgor questions the events that led to the discovery of the late Tob Cohen’s body in a septic tank at his Kitusuru home.
For instance, the defense lawyer alludes that the news of the discovery of Tob Cohen’s body in the septic tank was broken prematurely, with no experts on the ground nor serious proof that the body in the tank belonged to the late Dutch tycoon.
Murgor states that, the events leading to the discovery of Cohen’s body detailed prior knowledge as the DCI George Kinoti had held the keys to the house after Sarah’s arrest and that the area had been initially searched with no wet slab linking it to the scene of crime.
“It was evident from the manner in which the “recovery” was being conducted that the DCl/CID officers knew exactly what they were looking for, and expected to find. This is proved by ‘The DCFs premature announcement to the press, that he had found the body of the Late Tob Cohen. Indeed the announcement went out to the press at 16:29 hrs, before the fully wrapped item was removed at 17:00 hrs,” read the letter.
The letter addresses the wet debris that was found housing the septic tank, adding that the wet concrete was made of three piles, with the DCI taking no action to preserve it for forensic evidence.
In addition, Murgor states that the DCI allowed the members of the press to interfere with what was termed a crime scene by allowing them to get inside the compound and inspect the man hole that the body was discovered from hence destroying all the crime scene evidence.
According to Murgor, the DCI allowed members of the press to walk all over the garden to witness the historic discovery of the body of Late Tob Cohen hence destroying all forensic evidence that would have been recovered.
“And as soon as we leave this, you are going to the scene of crime…this premises, comb it the way you want,” quoted DCI Kinoti’s words.
In another series, Wairimu through her lawyer accuses the DCI of having ill motives and taking over her matrimonial Kitusuru home illegally.
The letter states that the DCI through his IP Clement Mwangi telephoned Wairimu’s caretaker and asked him to refrain from handing over the house keys to the widow and her lawyers.
Instead, he drove to the caretaker’s home and forcefully took away the keys from him with no certificate of handover nor an inventory hence faulting the process of taking the keys and terms it illegal linking it to possible theft or planting of evidence.
According to Murgor, the DCI and investigative officers have the mandate to supply the defense with comprehensive evidence and witnesses including data and calls, a move that has not yet been made.
He states that the DCI only produced calls for a few minutes in the affidavit of IP Maxwell Otieno hence alluding that he is with holding data regarding serious witnesses in the case.
“Our client expects and hereby demands that the DCI produces comprehensive and un-redacted call and sms for the period July 1, 2019 to September 30 of the following individuals,” read the letter.
Among the individuals listed to have their data on calls provided include Tob Cohen, Sarah Wairimu, Patrick Muiruri, George Kinoti, IP Maxwell Otieno, IP Clement Mwangi, Mathew Muiruri, prosecutor Catherine Mwaniki among others.
Murgor sites the detainment of Sarah Wairimu without bail as a violation of her fundamental human rights. She was apparently arraigned by the ODPP/DCI before investigations were complete as well as failure to have her supplied with evidences and witness statements.
In another account, Sarah accuses the DCI of frustrating the efforts of her pathologist Andrew Gachii who participated in and witnessed the postmortem of the body of the late golf magnate.
For instance, Murgor cites that the agreement among the three pathologists present at the postmortem was to write individual reports after a conclusive visit to the scene of crime and recovery thereafter.
However, according to the letter, some key materials in the evidence are missing including the manhole cover for the underground water tank and the concrete pieces that were on top of the cover which were initially taken by DCI officers and scenes of crime officers.
In addition, the house has been made inaccessible for the pathologist to conduct his final report as the keys to the house are still under IP Maxwell Otieno.
Among other things, Murgor’s client Wairimu has demanded for the release of results and forensic examinations in regards to items that were taken from her home, including DNA samples and finger prints.
They include toothbrushes, water bottles, pillow cases, shaver, key holders, slippers, clothes, towels and coffee mugs among other things.