Tob Cohen's widow, Sarah Wairimu, has filed a case to block fresh charges, claiming that the Director of Public Prosecution's decision is meant to conceal the killers.
Wairimu, in her case filed before the Constitutional Division of the High Court, said that the DPP had made a nolle prosecute (decision not to pursue a charge) but instead opted for an inquest to unravel what, who and why Cohen was killed.
The woman, in her supporting affidavit, claimed that she was a victim of the murder, adding that there is no explanation for why the DPP had remained silent for more than three years and failed to give his evidence against her despite numerous court orders. "The protracted and well-calculated delay which is authored by the respondent and which delay has no reasonable explanation has not only infringed on my rights to a fair trial but has also discriminated against me as I am a victim of the murder of my beloved husband… The decision to charge me is motivated by other extraneous factors; therefore, there is a need for this court to intervene and safeguard the process from abuse," argued Wairimu.
In 2023, the DPP indicated that the inquest allowed parties to provide information that had not been explored substantially. "This will enable the contradictions that have affected the proceeding of this matter to be heard in detail by all parties.