The High Court has dismissed the family of slain Dutch businessman Tob Cohen’s protest to prosecutors’ decision to drop charges against his widow Sarah Wairimu Kamotho and businessman Peter Karanja.
Justice Daniel Ogembo ruled that the family’s arguments were without merit and that the Director of Public Prosecutions behaved in bad faith in deciding to dismiss the charges.
“This court is not convinced by the victims’ claims that the DPP acted in bad faith, and the objections submitted are without substance and are dismissed.” I agree to the “Nolle prosequi” (not to wish to prosecute).
“As a result, the accused are released,” the court added.
The decision allows for the filing of a judicial inquest case before the chief magistrate’s court to determine the cause and circumstances of the tycoon’s death, which was discovered in a Septic tank at his house complex in Kitisuru, Spring Valley, Nairobi, in September 2019.
Cohen, 71, was reported missing on July 19, 2019, but officers with the Directorate of Criminal Investigation were unable to locate him until his corpse was discovered in the tank by homicide detectives on September 13, 2019.
As a result, the widow and the businessman were arrested.
However, the widow has subsequently said that she was set up in the murder and that two politicians were involved in her husband’s abduction and death.
She claims that police investigators were deployed to cover up the crime and protect the accused murderers.