Sarah Kamotho, the wife of missing Dutch billionaire Tob Cohen, has moved to court seeking a review of court order detaining her for 12 days.
Kiambu Magistrate Patricia Gichoi issued the order on Monday, September 2, to allow police complete investigations into her husband’s disappearance.
Through her lawyer Philip Murgor, the suspects asked the High Court to review the magistrate’s order, saying continued detention without being charged infringes on her fundamental rights to freedom.
The suspect, who appeared on Thursday before High Court Judge Daniel Ogembo for the hearing of the application, said she that magistrate misdirected herself by ruling that there were compelling reasons to hold the suspect for 12 days.
"The learned magistrate misapprehended and failed to appreciate the lawful application for custody orders" said Murgor.
Murgor asked the court to release her from police custody without any conditions pending the hearing and determination of the said application.
In alternative, she pleaded with the court to release her on either bail or bond pending the investigations.
She argued that a suspect has a right to be arraigned and charged and should not be held for more than 24 hours.
Further, she said that police have failed to provide information they hold against her as required by law.
The application was transferred from Kiambu Law Courts to be heard in Nairobi.
