The Director of Public Prosecutions recommended for the death of Dutch national Tob Cohen be registered as an inquest but not murder.
The Deputy DPP Jacinta Nyamosi defended the decision to drop murder charges against Cohen’s widow Sarah Wairimu.
Ms Nyamosi said they reviewed the murder file and recommended for the matter be registered as an inquest but not murder.
The DPP said several things emerged during the reviewing of the file which was unclear leading to the withdrawal of the murder charge.
Part of it is attributed to the now famous affidavit by detective John Gachomo affidavit in which he retracted earlier affidavits that had implicated Sarah in the murder.
“The recent withdrawal of the affidavit by John Gachomo dealt a fatal blow to the case. Moreover, it raised serious concerns about the integrity of the whole process of investigations,” the statement said.
Nyamosi said in 2020 they wrote two letters directing the investigating team to cover 35 areas of investigation which to date have not been covered.
“The statements recorded by the police indicate that several cops in civilian clothes visited the compound of the late Cohen and the identity of the said officers remains undisclosed,” Nyamosi said.
The prosecution also said in a statement on Thursday they directed that the sub-county police commander Gigiri be interrogated on his interaction and relationship with Sarah but that has also not been done.
She said the alleged forgery of the transfer of shares belonging to the late Cohen has not been exhausted, thus raising questions about who may have perpetrated the same.
Nyamosi said concerns led to the DPP making a decision that a public inquest must be held so that it uncovers the persons behind the gruesome murder of the late Cohen.
“The public inquest will provide a platform for any person with information that may be useful to unravel the murder to avail the information through a judicial process.”
Nyamosi said the fact that a public inquest is to be held does not mean that the case is closed
