The wife of murdered Dutch businessman Tob Cohen has asked the court to release her on bail for her to take part in a property dispute.
Lawyer Philip Murgor told a court yesterday that Sarah Wairimu has a 50 percent stake in Cohen-owned property and has to fight for her rights.
"My client and the deceased are involved in a divorce case that is pending in court, and their controversial property includes their $ 400 million house, which should be shared equally," Murgor said.
The lawyer said that his client's Kitisuru home was in danger of being seized because no one lived there after the police found Cohen's body in a water tank on the grounds last Friday.
SEE ALSO: Wife of Missing Tycoon Tob Cohen Detained
"Wairimu's housekeepers were chased away after the body was rescued," Murgor claimed, though he denied that the house had been handed over to Cohen's sister.
Wairimu was detained in connection with the disappearance of her estranged husband, whose body was found after a two-month search.
The suspect has been in prison for 28 days and is due to be charged with murder.
However, even when Murgor called on Supreme Court Justice Jessie Lessit to bail his client because the prosecution had not given sufficient reasons to continue detaining them, the state tried to postpone Wairimu's plea to September 26 ,
SEE ALSO: The missing Dutch tycoon, who was feared for his life, told the court
Prosecutor Nicholas Mutuku to Justice Lessit that they needed more time to perform an autopsy to determine the cause of death To determine Cohen.
The autopsy is expected to be performed today after all parties have reached agreement on the inclusion of Wairimus pathologists.
Mutuku said the post mortem findings would be part of the evidence they had put together and they would be exposed to the defense.
"It is true that the matter took a long time, but part of the delay was caused by the defense because it led us to Cohen's whereabouts. It's no trick for us to spend more time than claimed. "
When Murgor protested his client's imprisonment, he accused the prosecutor of applying a delaying tactic to prevent Wairimu being examined by a psychiatrist to see if she could stand trial.
SEE ALSO: Missing Dutch Tycoon Last Sighted at City Club
"The court ordered that the mental assessment be conducted on Thursday, but the prosecution failed to do so," Murgor said.
But Mr. Mutuku said they were not able to commit a mental health test because the defense team had asked them to accommodate another lawyer.
"We have not conducted a mental investigation against the suspect, as this requires booking and planning," the prosecutor said.
Murgor told the judge that Wairimu had been exposed despite charges of hostile media reports, and demanded that the press and the investigative team be excluded from publishing police reports.
"My client was persecuted by the media, which violates her fundamental rights, and she has been in prison for over 28 years and has no right of reply.
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"So far the prosecution has not presented any evidence in court and we still do not know what charges my client faces," Murgor said.
He added that the prosecutor's office has produced a separate indictment in court without evidence.
"Corpses are found and reports are generated while my client is in the cells without being granted a right of reply.
Although Justice Lessit gave instructions on the matter, it prevented the defense and the police from addressing the media on matters relating to the case.
She also ordered all parties to agree on a mental health test appointment to be held before 26 September, when the matter is mentioned.
Murgor was also instructed to file the bail request and hand it over to the prosecutor. This is discussed when Wairimu makes a plea.
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Tob CohenLawyer Philip MurgorKitisuru-HausKitisuru