The Kibera High Court has again denied Sarah Wairimu Kamotho bail over the murder of her deceased husband, Dutch businessman Tob Cohen, after the prosecution strongly opposed her new application.
Delivering the ruling on Tuesday, Justice Diana Kavedza ordered that Wairimu be remanded in custody at Lang’ata Women’s Prison, saying she had to demonstrate a genuine change of circumstances if her bail application was to be entertained by the court.
Deputy Director of Public Prosecutions Vincent Monda, who led the prosecution, stood against issuing bail. Monda accused Wairimu of threatening witnesses, tampering with the crime scene, and being a flight risk.
Justice Kavedza said she denied Sarah Wairimu bail partly because she intimidated a police officer during court proceedings.
Officer Pascal Buana, a prosecution witness, told the court that Wairimu whispered the words “shame on you” to him three times while the session was underway.
Justice Kavedza noted that if Wairimu could openly intimidate a court officer in full view of the court, she could easily do the same to witnesses if released on bail.
“The court made a ruling this morning indicating that the accused conduct amounts to intimidation of a witness,” the judge said. “What I would have expected from the accused of her counsel at this juncture is an apology; she has not admitted uttering the words.”
She emphasized that Officer Buana confirmed this was the third time Wairimu had said the phrase to him.
“It is the duty of the court to protect the witnesses; it is therefore my view that the accused needs to first show remorse before this court can vacate its orders,” Justice Kavedza said.
Court Flags Flight Risk as Wairimu Secretly Acquires Second Passport Despite Travel Ban
The judge also observed that Wairimu had inexplicably obtained a second passport while the first was in police custody and took multiple trips abroad without informing the Investigating Officer.
The court raised an eyebrow at this as a flagrant disregard of directions of the court and a strong indication that Wairimu is a flight risk if granted bail.
“The fact that the accused could acquire a second passport while the first remained with the police cannot be ignored; this court finds her a flight risk,” Justice Kavedza ruled.
The judge held that there had been no material changes in the case to justify altering the earlier bail denial.
The court also invoked the preservation of the integrity of the criminal justice system and the safety of witnesses as it denied Sarah Wairimu Kamotho bail.
Although the court granted the defence team permission to visit the scene of crime, it set stringent conditions for the purpose of protecting any available evidence.
Wairimu faces murder charges of her husband, Tob Cohen, on July 19, 2019, at their home in Lower Kabete, Nairobi County.
In denying her bail, Justice Diana Kavedza ruled that the prosecution had come up with sufficient evidence to show high prospects that Wairimu would interfere or intimidate witnesses if she were granted bail.
Justice Kavedza described the case as a matter of public interest, given the nature of the offence.
“It is my considered view, therefore, that the principle of justice and public interest outweigh the accused’s right to liberty at this stage,” she ordered.
Wairimu will remain in custody until after two pivotal prosecution witnesses have testified, the court ruled.
The case will be mentioned on 30 July 2025 for directions.
