![In her letter to the courts Thursday, the accused alleged that Kinoti has refused to investigate the authenticity of her late husband’s Will. [PHOTO | FILE]](https://i0.wp.com/www.k24tv.co.ke/wp-content/uploads/2019/09/MURGOR-1.jpg?resize=730%2C414&ssl=1)
Sarah Wairimu-Cohen, the chief suspect in the murder of Tob Cohen, now wants DCI boss, George Kinoti, and State prosecutor, Catherine Mwaniki, barred from investigating and prosecuting the case against her respectively.
In her letter to the courts Thursday, the accused alleged that Kinoti has refused to investigate the authenticity of her late husband’s Will.
The letter, written by Wairimu’s lawyer, was addressed to the courts and Director of Public Prosecutions.
According to Wairimu, Cohen’s Will dated April 30, 2019 was forged.
“We want the DCI to withdraw himself from investigating this case because together with his team, they have refused to investigate the forgery of the Will,” said Murgor.
The accused’s advocate claims Kinoti has open-liking for Cohen’s siblings, and, is, therefore, biased in his investigations.
Wairimu is seeking to have Cohen’s Will declared fake, and that the Late businessman’s expansive Kitisuru home returned to her.
“Neither the DPP nor the DCI has any legal mandate to deal with personal property rights nor succession matter involving private citizens, for this reason both offices need to seek independent guidance from AG who, so far, has remained suitably removed from the controversial actions by the DCI and his officers,” said Murgor.
Documents of the case
The lawyer said the defense was yet to be furnished with all documents the Prosecution will rely on to implicate the suspect.
“The accused was charged without sufficient evidence gathered against her. The Prosecution, as a result, has been seeking extension for investigations to be concluded,” said Murgor.
“This is, therefore, to formally and urgently request you to let us have a list of all the tests, examinations undertaken [to establish Cohen’s cause of death] and copies of all reports made to enable us consult and take instructions on the need for further independent testing or examination,” added Murgor.
Wairimu says she has, thus far, received 11 statements despite the Prosecution promising to give the rest of the exhibits.
“It is now six months since my client was arrested, and I have not received enough exhibits. We are now thinking of making an application to have the case dismissed,” said Murgor.
On February 9, 2020, Wairimu made another application seeking to enjoin the DCI and the DPP to the property suit and also to compel them investigate the Will dated April 30, 2019.
