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Sarah Wairimu, the chief suspect in the murder of Tob Cohen, has asked the court to grant her permission to access her Kitisuru home so that she can collect her clothes, shoes, vehicle and other belonging.

Wairimu, through her lawyer Philip Murgor, says she is spending a lot of money on purchasing new clothes.

In the application filed by Murgor, Wairimu says her vehicle is not part of the investigations, and, therefore, it should be released to her.

The suspect claims she is surviving on lifts from relatives and friends and taxi rides, which she terms as expensive.

The prosecution, through Catherine Mwaniki, objected to the application, saying everything in Wairimu’s house is treated as part of exhibit in Tob Cohen’s murder case, and, therefore, should not be tampered with.

Justice Stella Mutuku declined to issue any order Wednesday, instead, asking Murgor to file a formal application that will be heard on Tuesday, November 5.

Wairimu, who in early October pleaded not guilty to killing Tob Cohen, is out on a Ksh2 million bond.

Tob Cohen, who went missing on July 19, was on September 13 found murdered, and his body dumped in an underground water tank at his Kitisuru home.

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Sarah Wairimu’s lawyer, Philip Murgor on Tuesday came out guns blazing against prosecution’s claim that he is still a state counsel.

Murgor told High Court Judge Stella Mutuku that he recopied Director of Public Prosecutions (DPP) Noordin Haji his resignation via WhatsApp.

“I recopied Noording Haji my resignation via WhatsApp and he replied ‘It is OK’,” Murgor said.

The state prosecution filed an application last week seeking to have Murgor removed from the case, saying that he was still a DPP staff.

Murgor is representing Wairimu in the case she is accused of murdering her Dutch husband Tob Cohen.

Despite Murgor’s statement, the prosecution insist that they have evidence that the former DPP is still a state officer.

“I can confirm that the gazette notice has not been revoked,” said state prosecutor Catherine Mutuku.

Justice Mutuku said she will rule on the status of Murgor on Thursday, October 3.

Murgor claimed that the prosecution want him off the case because his presence intimidates them.

Wairimu has not yet taken plea over the murder charge.

Last week, she was allowed to attend Cohen’s burial at the Jewish cemetery near Pangani, but under tight security.

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Sarah Wairimu, the wife of murdered Dutch businessman Tob Cohen, has been taken to the High Court for plea taking.

Wairimu, who was charged with her husband’s murder, was yet to take plea pending the mandatory mental health check for suspects in murder cases.

Justice Stella Mutuku, whom she is appearing before, is also to rule on whether Wairimu’s lawyer, Philip Murgor, will continue as her attorney after objections were raised.

The court was told that the former Director of Public Prosecutions was still serving as a special prosecutor for the DPP following his appointment in a special panel by current top prosecutor Noordin Haji.

It emerged that Murgor had bot be degazetted as a state counsel.

Her plea taking was pushed from September 26 to October 1 after the prosecution and lawyer Cliff Ombeta for the Cohen family contested Wairimu’s representation by Murgor.

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Slain business tycoon Tob Cohen’s widow Sarah Wairimu’s lawyer Philip Murgor might be kicked out of the case as troubles for the widow intensify.

Questions of whether Murgor is still a special staff at the Director of Public Prosecution (DPP) office have been raised, forcing the widow to spend five more nights behind bars.

DPP Noordin Haji, in January 2019, appointed Murgor in the special prosecutors’ team.

Murgor was appointed alongside former Mombasa Mayor, Taib Ali Taib, and lawyer James Kihara Murithi as public prosecutors in a notice dated January 15.

Haji said the move was aimed at strengthening the capacity at his office in light of the increasing complexity of crime in Kenya.

The move followed a long rigorous process that began in September 2018.

A public advertisement was made that requested interested lawyers to apply for pre-qualification to join the panel of ODPP lawyers for legal services.

Haji said 15 applications were received and processed but three were pre-qualified.

And now, Tob Cohen’s family lawyer, Cliff Ombeta, claims he does not remember Murgor being degazetted as a special prosecutor, and, therefore, a conflict of interest might arise as he represents Sarah Wairimu in court.

The prosecution, led by Catherine Mwaniki, asked the High Court in Nairobi to grant them more time to establish whether Murgor is still attached to the DPP’s office.

Mwaniki asked the court to push back Wairimu’s plea date to next week, a request that was granted by the court.

Wairimu, the key suspect in Tob Cohen’s murder, will, therefore, take plea on Tuesday, October 1.

Should the judge rule that Murgor is still assigned to the DPP’s office, then Sarah Wairimu could be forced to look for another lawyer, given Murgor would not qualify to represent the defense.

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