The High Court has allowed Sarah Wairimu to be present during her late estranged husband Tob Cohen’s postmortem at Chiromo mortuary.
The court made the ruling on Wednesday morning ahead of the procedure that is scheduled for later in the day.
The autopsy, which was initially scheduled for Tuesday, had to be postponed after lawyers rejected government pathologist Peter Ndegwa.
Addressing the media outside Chiromo mortuary on Tuesday, government pathologist Peter Ndegwa stated that some lawyers in the case opposed the prosecution’s move to have him carry out the examination.
He mentioned: “I was in the crime scene on Friday as a pathologist invited by the Directorate of Criminal Investigations (DCI) and some of the lawyers were also there, they picked up something I said, [I mentioned to the DCI] at the alleged crime scene and they happened not to be very happy with that. They feel I should not continue representing the government in this case.”
The procedure, which now happens today, Wednesday 18, will be carried out by government’s chief pathologist, Johansen Oduor, who was on leave.
“They feel that it will be prejudiced and therefore we have all agreed that my colleague Johansen Oduor, who is on leave, has agreed to temporarily resume work and be here tomorrow for the postmortem examination.
“As you know justice has to be seen to be done, we have agreed as a team that because of that feeling we postpone the examination to tomorrow morning with Doctor Johansen Oduor,” Ndegwa concluded.
The ruling has been issued despite Wairimu being the prime suspect in the Dutch tycoon’s murder.
Following the retrieval of Cohen’s body from a septic tank in their home, Sarah’s lawyer Philip Murgor insisted that she be allowed to identify the body picked from the crime scene.
While addressing the media, Ndegwa also mentioned: “There is the issue of identification of the body. The team representing the lady in custody needs to be here… the lawyer is going to court either to pray that the suspect is here to identify the body or send somebody else.”
Police are holding Wairimu, and Peter Karanja, who is estranged husband of Gilgil Member of Parliament Martha Wangari.
Karanja, who is said to have been Wairimu’s lover, is reported to have pointed the detectives to Cohen’s remains.
Police are also searching for four other people connected to the murder.