By Mourice Seretta
The High Court on Thursday dismissed Sarah Wairimu’s application seeking to stop her prosecution in Tob Cohen’s murder case.
While delivering his ruling, Justice James Makau said he has no jurisdiction to hear the application.
Judge Makau ruled that Wairimu filed her case before the wrong court because his court has the same status as the other two high courts.
The court said issues raised by Wairimu in her application can be raised in any of the other two courts, not the Constitutional Court.
Wairimu moved to court in November last year challenging her murder prosecution.
The trial of the murder case has never begun.
In 2019, Sarah denied killing her husband of 29 years, Tob Cohen and was released on a cash bail of Kshs 2 million pending hearing and determination of the murder case.
The late Cohen’s body was discovered in a septic tank in his residence 40 days after he was reported missing on July 19th 2019.
Last year November, Wairimu claimed her husband was killed by people known to him while she was in police custody.
In a petition, she said the Dutch tycoon was murdered and his body dumped in a septic tank at their home to frame her for the murder.
She claimed those who killed her husband wanted to grab their family home in Kitisuru which is valued at Kshs 500 million.
Wairimu pointed out that two politicians from Kiambu were present at the will opening ceremony claiming a total of Ksh 35M allegedly owed by the deceased.
In the petition, the accused through her Lawyer Phillip Murgor also challenged the legitimacy of Cohen’s will which left almost all his wealth to his relatives.