In courts: Judge to decide fate of Tob Cohen murder trial after Wairimu's mistrial bid

The Kibera High Court is expected to deliver its ruling today in the murder case of Dutch businessman Tob Cohen.

The ruling follows an application by Sarah Wairimu, who is facing murder charges and has asked the court to declare the trial a mistrial.

In the application filed before trial judge Diana Kavedza, Wairimu cites alleged procedural lapses and raises concerns over possible constitutional violations in the conduct of the proceedings.

Through her lawyer on January 30, 2026, Wairimu requested the court to nullify previous rulings and have the case reassigned to a different judge for a fresh hearing.

The defence also asked the court to expunge certain documents filed by the prosecution, citing procedural concerns.

Wairimu clarified that the application does not seek the presiding judge’s recusal, while emphasising confidence in the judiciary. She, however, expressed reservations about how the proceedings have been conducted.

In her application, Wairimu further states that the prosecution uploaded a substantial portion of what it termed a committal bundle onto the court’s digital platform, which she argues is not recognised in law and could revive obsolete procedures.

She contends that this step may have exposed the trial court to evidentiary material it was not legally required to access, a situation she says could potentially affect perceptions of impartiality.

The prosecution, represented by State Counsel Vincent Monda, raised objections to the application, arguing that it does not demonstrate any bias or conflict of interest on the part of the presiding judge.

The counsel said the defence appears to be re-litigating matters previously considered and determined by the court.

On procedural matters, the prosecution stated that the mental assessment report and the order to escort Wairimu to Mbagathi Hospital were undertaken lawfully and did not occasion prejudice to the defence.

The State Counsel also addressed the filing of documents on the e-platform, explaining that the system is used to register and track filings digitally alongside the physical service of documents, in line with existing procedural rules.

The prosecution maintains that the trial has adhered to due process and that the defence’s application largely reiterates issues already addressed, and therefore does not justify nullification of the proceedings or reassignment of the case.

Judge Kavedza is scheduled to rule on the application today.

Governor Natembeya’s constitutional case

In another matter, directions are expected to be issued in the case involving Trans Nzoia Governor George Natembeya, following the suspension of anti-corruption proceedings linked to him.