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Judge rejects Sarah Wairimu’s urgent recusal bid in Tob Cohen murder case
17th December, 2025 08:44 PM
Lady Justice Diana Kavedza has declined to certify an application by Sarah Wairimu to have her step aside from hearing her case as urgent.
Wairimu is accused of killing her late husband, Tob Cohen, whose body was found in a septic tank at his Kitisuru home in July 2019.
Through a certificate of urgency dated December 8, 2025, Wairimu wants Lady Justice Kavedza to recuse herself from hearing the case.
In her application, she sought orders to have the rulings and orders issued so far by Judge Kavedza to be set aside.
In addition, the accused wants her murder trial file to be moved from Kibera High Court to the presiding judge in charge of the Nairobi High Court criminal for directions.
“That the ongoing part heard proceedings before the High Court on Kibera High Court criminal case number E001 of 2025 be declared a mistrial and nullity and all the rulings and orders made so far in the matter be vacated forthwith,” part of the orders reads.
“That the ongoing part-heard trial in Kibera High Court do recommence de novo before any other judge other than the Honourable Lady Justice Kavedza and the court file in respect of the said proceedings be placed before the presiding judge of the Nairobi High Court Criminal Division for further directions,” Sarah states in her application.
Notably, Wairimu wants all the documentary evidence referred to by the prosecution and accepted by the trial court and all evidence so far deduced or referred to in all committal bundle documents, records and reports produced at the trial to be expunged from the record of the proceedings.
Wairimu has been in Lang’ata Women’s Prison since February 2025, when she was charged with murder. However, she denied killing her late husband.
On July 8, 2025, Lady Justice Kavedza denied her bail, stating that among the grounds she denied her was because she intimidated a police officer, Pascal Buana, while in court.
According to Officer Pascal, Wairimu whispered the phrase “shame on you” to him three times during proceedings.
Judge Kavedza stated that if the accused person can intimidate a court official several times in an open court, it is a clear indication that if released on bail, she can also intimidate the witnesses expected to give their testimonies on the matter.
“The officer said that this was the third time that she had uttered the words ‘shame on you’. 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 ruled.
The court also noted that she is a flight risk, adding that the accused had travelled abroad several times even after complying with the Milimani High Court order to dispose of her passport to the authorities.
According to the immigration report, the accused managed to get a second passport, which she used to travel outside the country without the knowledge of the Investigative Officer (IO).
The application for Judge Kavedza’s recusal will be heard on January 30, 2026, virtually.
“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.
Further, she stated that there is a likelihood of the accused interfering with the witnesses, a risk of her absconding from court, and a compromise of crime scene integrity if released on bail.
She directed that the accused shall remain in custody until the conclusion of the trial.
