BY PRUDENCE WANZA – Wife and suspect to Dutch business tycoon’s murder, Tob Cohen will remain in custody awaiting plea taking on 1st October 2019.
Wairimu was expected to take plea today but the prosecution asked for more time to verify whether her lawyer Philip Murgor should continue defending her in the case.
Tob Cohen’s family lawyer Cliff Ombeta told the court that Murgor was appointed as a public prosecutor on 16th January, 2019.
Ombeta submitted that Murgor being the lawyer of the accused person and being a public prosecutor will cause conflict of interest as he can’t work for government and as defense in the case at the same time.
“That might disqualify him from proceeding with this matter,” said Ombeta.
Murgor objected saying that it is indeed that he was appointed as a public prosecutor but he provided an undertaking that he would not act in the position after he wasted two months without being given an assignment as a public prosecutor.
” On 7th March,2019 I resigned as a public prosecutor. I gave my reasons why working for that office was impossible. ” said Murgor.
However, Ombeta told the court that there is a question of who Murgor is today as everyone knows him as a public prosecutor and since his appointment he has not been degazetted.
“This is a preliminary issue that must be dealt with before plea taking,” Ombeta said.
The DPP through Catherine Mwaniki requested the court to allow them more time to verify the resignation letter as alleged by Murgor and confirm whether the gazette notice appointing him as a public prosecutor was revoked.
Mwaniki further urged the court to defer plea taking to confirm all the issues raised.
Justice Stella Mutuku ruled that the plea taking be deferred to October 1st,2019 pending the ruling on whether Murgor should continue being the defence counsel in the matter.
Wairimu who has been in custody for thirty days will continue to be held at Langata womens’ prison.