The Director of Public Prosecution (DPP) Noordin Haji has applied for the withdrawal of the murder charge against Sarah Wairimu, the wife of slain Dutch tycoon Tob Cohen and her co-accused Peter Karanja.
On Wednesday, the Assistant DPP Gikui Gichui in a letter addressed to the court on behalf of Haji expressed the DPP’s intention to withdraw the murder case against Sarah and Karanja.
“I have been directed by the Director of Public Prosecutions to inform the Honourable Court that we have filed a Nolle Prosequi in the above matter and withdrawn the murder case against Sarah Wairimu Kamotho and Peter Karanja in the exercise of the DPP’s mandate under Article 157 of the Constitution and section 82(1) of the Criminal Procedure Code,” the letter read.
In the letter, the Assistant DPP also disclosed the DPP directed the matter be handled via an inquest in the Chief Magistrate’s Court to enable the contradiction impeding the case be heard in detail by all parties and provide parties to present any additional information.
“The DPP has directed that this matter be handled via inquest to be filed in the Chief Magistrate's Court-Milimani, Nairobi. This will enable the contradictions that have affected the proceeding of this matter to be heard in detail by all parties. In addition, this will provide an opportunity for parties to present any information that had not been explored substantially before the Court.
The letter follows a Nolle Prosequi entry the Office of the Director of Public Prosecutions made to the court on Tuesday.
“IN EXERCISE of the powers conferred by Article 157(6)(c) and 157(9) of the Constitution of Kenya as read with Section 5(1)(b)(iii) of the ODPP Act No. 2 of 2013 and delegated to me by Legal Notice Number 12186 of 6th October, 2022, I hereby enter a Nolle Prosequi and inform this Honourable court that the Republic intends that the criminal proceedings against the above named persons who are charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code, Laws of Kenya SHALL NOT CONTINUE,” the court document read.
This development comes after Sarah asked for the investigation of the former Directorate of Criminal Investigations (DCI) Director George Kinoti over his alleged role in fixing her.
The body of Cohen was discovered on September 13, 2019, in a septic tank at his Kitisuru home in Nairobi under mysterious circumstances.
Sarah was considered the prime suspect in the murder that implicated a Court of Appeal judge Sankale Ole Kantai.