Sarah Wairimu's lawyer, Philip Murgor on Tuesday came out guns blazing against prosecution's claim that he is still a state counsel.
Murgor told High Court Judge Stella Mutuku that he recopied Director of Public Prosecutions (DPP) Noordin Haji his resignation via WhatsApp.
"I recopied Noording Haji my resignation via WhatsApp and he replied 'It is OK'," Murgor said.
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The state prosecution filed an application last week seeking to have Murgor removed from the case, saying that he was still a DPP staff.
Murgor is representing Wairimu in the case she is accused of murdering her Dutch husband Tob Cohen.
Despite Murgor's statement, the prosecution insist that they have evidence that the former DPP is still a state officer.
"I can confirm that the gazette notice has not been revoked," said state prosecutor Catherine Mutuku.
Justice Mutuku said she will rule on the status of Murgor on Thursday, October 3.
Murgor claimed that the prosecution want him off the case because his presence intimidates them.
Wairimu has not yet taken plea over the murder charge.
Last week, she was allowed to attend Cohen's burial at the Jewish cemetery near Pangani, but under tight security.
