Thursday, March 11, 2021 – Slain tycoon, Tob Cohen, may get justice after all following the new developments.
This is after his wife, who was left empty-handed by her husband in his will, lost a bid to stop her prosecution for murdering Cohen in cold blood on grounds that it is a mistrial.
Sarah Wairimu Kamotho, who is the prime suspect in Cohen’s murder, wanted the High Court, Constitutional and Human Rights Division, to declare that the decision of the Director of Public Prosecution (DPP) to try her for her husband’s murder was made in bad faith.
She argued that the prosecutor wants to deny her the right to inherit the estate of her deceased husband.
She said the criminal case is founded on hearsay and built on a malicious investigation process with the view to deny her the right to inherit her matrimonial properties.
Through her lawyer, Sarah wanted the court to issue an order suspending the murder trial until her petition is heard and determined.
But Justice James Makau ruled that his court has no powers to issue a mandatory injunction against another court of similar jurisdiction.
This is because the murder trial, in which Ms. Kamotho is jointly charged with businessman Peter Karanja, is happening at the High Court criminal division.
He also found that the issues raised by Ms. Kamotho in the petition were substantially and directly to those in the succession case. Hence, he found the petition to be sub-judicial and res-judicata.
The judge upheld an objection lodged by the DPP and the Directorate of Criminal Investigations (DCI).
Cohen was found murdered and his body thrown into a septic tank in what police believe was planned and executed by his wife, Sarah.
The Kenyan DAILY POST