Slain Dutch Tycoon Tob Cohen’s widow Sarah Wairimu on Thursday suffered a blow after the court declined to give her back their matrimonial house and several other items, including her car and two dogs.
However, in a ruling read on her behalf by Judge Daniel Ogembo, Justice Stella Mutuku allowed her access to her bedroom to pick her personal effects, including clothes, shoes handbags and grooming tools from her house.
The court also declined to grant her access to all the other rooms in the house to pick her other things that she had listed from payers B to N.
Among the items the court has declined to give her include foodstuff and alcohol, her car, her daughter’s personal items, two dogs major and snow, electronics, files from her office, paintings among others.
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Wairimu had moved to court seeking to be allowed to go back to her home and also for the court to order the police who were guarding her home to leave the premises.
Justice Mutuku ruled that the court has no jurisdiction to give her back her Kitisuru home that is currently being guarded by police.
“This court is not clothed with the jurisdiction to determine who owns and who does not own the property and whatever is in that property further adding that hers was not a family division court,” the judge ruled.
While allowing Wairimu to go to the house, the judge said she should be accompanied by the investigating officers in the matter.
She further ruled that the items to be collected shall be the ones deemed necessary to afford her comfortable life under the circumstances of the case.
“This shall be done under strict supervision of the police and the investigating officers in this case and in the presence of defense counsel.The collection of these items shall be restricted to the room occupied by Sarah prior to her arrest. ” the court said.
Judge Mutuku directed the police to facilitate smooth execution of the order and items collected as directed shall be itemized in a list signed by both Sarah and police and this list shall be filed in court.
Last year when she was released on bail, the court had ordered that Sarah should not go anywhere near their matrimonial home on Farasi Lane in Kitusuru.
“If for any reason the accused requires certain items, which may be necessary, from the said premises now under DCI, the accused shall apply for authority from this court to visit the premises and she shall give particulars of what she requires from the premises for the determination and directions of this court,” the order said.
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Judge Mutuku said the intention of issuing the order was to give Sarah the opportunity to seek authority of court to access her home and pick what is necessary for her upkeep pending further orders of this court on the issue of the property which the state is treating as a scene of crime.
However, according to the judge, the order was not meant to open doors for litigating the property and what is in that property.
“From my understanding of the prayers sought in this application, it is clear to me that the application seeks more than the order of this court contemplated, therein lies the problem,” the judge said.
Judge Mutuku said the court was also informed that the forensics examination of all the exhibits collected from the scene had not been concluded and that there was need to keep the property under the supervision of the police until the exercise is concluded.
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At the same time the court dismissed an application by Wairimu seeking to jail the DPP and the DCI for contempt of court arguing that the case was filed in the wrong court.
“It is the view of the court and I so find that I am persuaded by the arguments of all the respondents that this court does have the jurisdiction to determine this application.
”In view of this, I hereby allow the Preliminary objections and strike out the application by Wairimu for failure to follow the law and procedure.