The High court has allowed an application by the Director of Public Prosecution (DPP) Noordin Haji to withdraw Tob Cohen’s murder case against Sarah Wairimu and her co-accused Peter Karanja.
Judge Daniel Ogembo allowed the DPP’s request to have the case be heard through an inquest to provide an opportunity to have the parties present any information that had not been explored substantially before the court and the investigations earlier conducted by the Directorate of Criminal Investigations.
“I hereby allow the nolle prosequi entered by the public prosecutor on November 29, 2022, and the two accused persons are accordingly discharged of the charges. It is recommended that this case be filed as inquest before the Chief Magistrate courts in Milimani Law Courts,” Judge Ogembo ruled.
While allowing the DPP request for Nolle prosequi, judge Ogembo notes that the objections raised by Cohen’s family had no merit and dismissed the same.
The judge noted that the DPP did not act in bad faith or violated his mandate as enriched under Article 157 (1) and (9) of the constitution when he sought to have the case withdrawn and the matter be heard through an inquest.
The court clarified that Wairimu and the co-accused persons stand discharged and have not been acquitted of the murder charges.
“In effect upon the conclusion of the inquest as intended by the DPP the accused persons would still be charged with the offence of murder and the victims (Cohen’s family) will still have rights as victims in the criminal proceedings, ” the judge stated.
