Sarah Warimu, the widow to murdered Dutch national Tob Cohen risks losing her lawyer, Philip Murgor following new developments brought forward in court.
On Thursday, the prosecution and lawyer Cliff Ombeta for the Cohen family contested Ms Wairimu’s representation by Philip Murgor.
Mr Ombeta said Mr Murgor Murgor is a gazetted public prosecutor who has never resigned as a special prosecutor following his appointment by the Director of Public Prosecutions Noordin Haji an therefore should not represent the defence.
Ombeta in his argument claimed that Murgor was appointed as a public prosecutor in January 2019 for a period of two years.
On his defence, Mr Murgor, said he resigned as a state prosecutor on March 7 after waiting for two months without being given any assignments.
“When a person resigns that’s the end of everything including the gazette notice. I will not read contents of the resignation out of respect for Noordin Haji,” Murgor told the court.
Seeking clarity, the prosecution in Cohen’s murder wanted to establish from the DPP whether he revoked the appointment of Murgor as a state prosecutor.
State Prosecutor Catherine Mwaniki asked the court to defer Wairimu’s taking of a plea to allow her to ascertain whether Murgor’s appointment was revoked.
The court adjourned until October 1 which is the new date which Wairimu is to take a plea for the murder of her husband.
This led to Lady Justice Stellah Mutuku directing Mr Haji to clarify whether Mr Murgor is a state prosecutor.
Justice Mutuku heard that if it is established Mr Murgor is a state prosecutor then Ms Wairimu will have to engage another lawyer.
To worsen the situation, State prosecutor Ms Mwaniki, said she needed time to file contempt proceedings against Mr Murgor and his client for commenting on the case on September 24 during the burial of the late Cohen in breach of a court order.
Earlier, Sarah also questioned the intention of DCI George Kinoti in the entire murder case.
In an affidavit filed in court, Wairimu raised questions on the alleged intent of Kinoti over property that was allocated to Cohen’s sister Gabrielle Van Straten.
Wairimu claimed that Kinoti is determined to hand over the keys to her matrimonial home to the ‘purported beneficiaries’ of her husbands alleged Will.
Meanwhile, Mwaniki asked the court to find Wairimu and Murgor as having been in contempt of orders gagging the parties.
The prosecutor told the court that Wairimu threatened her co-conspirators at the burial of the deceased.
She said that this amounts to Wairimu disobeying Justice Lessit’s order not to address the media.
Murgor dismissed the DPP’s assertion and said that the allegations of disobedience is very serious and needs a proper application.
He accused Mwaniki of lying[ arguing that no one breached the court order no one discussed investigations.
“What Sarah did was a normal thing for a widow who was mourning her husband. No lines were crossed at the burial by my client,” Murgor said.
During the burial of her husband, Wairimu warned his killers who she said were at the graveside, that their days are numbered.
The lawyer said that it is the DCI boss George Kinoti who has been talking to media especially the Dutch papers.
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