The long-running murder case of Dutch businessman Tob Cohen has taken yet another dramatic turn after his widow, Sarah Wairimu, formally moved to court seeking a fresh start in the trial. Wairimu wants the proceedings restarted, arguing that the case has been marred by serious procedural and constitutional violations that undermine her right to a fair hearing. The application has reignited public interest in one of Kenya’s most high-profile murder cases, which has dragged on for years amid legal twists, judicial changes, and intense public scrutiny.
Background of the Tob Cohen Murder Case
Tob Cohen, a wealthy Dutch national, went missing in July 2019 under mysterious circumstances. Months later, his badly decomposed body was discovered buried in a septic tank at his Nairobi home in Kitisuru, shocking the country and drawing international attention. Sarah Wairimu, Cohen’s wife, was subsequently charged with his murder. She has consistently denied any involvement in the killing, maintaining her innocence since the case began. Over the years, the trial has faced multiple delays, changes in judges, and disputes over evidence and procedure.
Why Wairimu Is Seeking a Fresh Trial
In her latest court application, Wairimu argues that the manner in which the trial has been conducted violates her constitutional rights. She contends that procedural errors and irregularities have compromised the integrity of the proceedings, making it impossible for her to receive a fair trial under the current circumstances. Among the issues raised are concerns about how evidence was handled, the conduct of the prosecution, and the cumulative effect of delays and judicial changes. According to her legal team, these factors justify declaring the current proceedings invalid and restarting the case afresh before a properly constituted court.
Constitutional and Legal Grounds
Wairimu’s lawyers are relying heavily on constitutional provisions that guarantee every accused person the right to a fair trial. They argue that this right cannot be upheld if the process itself is flawed or prejudicial. The defence maintains that justice must not only be done but must also be seen to be done a principle that, in their view, has been eroded in the course of the trial. Declaring a mistrial or restarting proceedings, they say, would help restore confidence in the judicial process.
Prosecution’s Likely Response
While the prosecution has yet to fully respond to the latest application, similar requests in the past have been strongly opposed. Prosecutors have previously argued that delays benefit the accused and frustrate justice for the victim. If the court grants Wairimu’s request, the prosecution may be required to reassemble witnesses and present evidence again, a move that could significantly prolong a case that has already taken years.
Public Interest and Wider Implications
The Tob Cohen murder trial has been closely followed by the public, partly due to the dramatic nature of the allegations and partly because it touches on broader issues within Kenya’s justice system. A decision to restart the trial could spark debate about judicial efficiency, the handling of complex criminal cases, and the balance between protecting constitutional rights and delivering timely justice. It may also set a precedent for how courts deal with prolonged trials affected by procedural disputes.
What Happens Next
The court is expected to consider Wairimu’s application and determine whether the alleged breaches are serious enough to warrant restarting the trial. The ruling could either pave the way for a fresh hearing or allow the current proceedings to continue. Whichever way the court decides, the outcome will mark a critical moment in a case that has already left a lasting imprint on Kenya’s legal and social landscape.
Conclusion
Sarah Wairimu’s push for a fresh start in the Tob Cohen murder trial underscores the complexity and sensitivity of the case. As the court weighs her claims of procedural and constitutional violations, the spotlight remains firmly on the justice system’s ability to deliver a fair, transparent, and credible outcome — not only for the accused but also for the memory of the late Tob Cohen.
