In a dramatic turn for a case that has gripped the nation for over six years, Sarah Wairimu Kamotho is seeking to have her murder trial completely reset. Through her new lawyer, Senior Counsel Pravin Bowry, she has filed an application asking the Kibera High Court to nullify all proceedings, vacate previous rulings, and expunge all evidence presented thus far.

The move essentially asks the court to start the trial from scratch with a new judge. This petition injects fresh uncertainty into a legal saga that has seen multiple delays, changes in legal representation, and even the temporary withdrawal of charges before their reinstatement.

Allegations of an Unfair Process

At the heart of Wairimu's application are serious allegations of a flawed judicial process that she claims has violated her constitutional rights to a fair trial. Her legal team argues there has been a "chain of incurable prosecutorial and judicial improprieties" that render the current proceedings unfair and partial.

Specifically, Wairimu has accused the trial judge, Justice Diana Kavedza, of “persistently entering the arena of conflict.” The application lists several grievances, including claims that the judge:

• Made nine unsolicited orders (suo moto) without request from either the prosecution or defence.
• Unprocedurally ordered her to plead to the murder charge on January 29, 2025, before a mental assessment was completed.
• Declared the case to be of "public interest" and, on another occasion, asked the accused to "show remorse."
• Allowed the prosecution to unlawfully upload a substantial portion of evidence onto the court's digital platform.

These actions, her lawyer contends, constitute an abuse of the legal process and have created a travesty of justice. The application will be heard on January 30, 2026, after the Office of the Director of Public Prosecutions (ODPP) has been served.

A Long and Winding Road to Justice

The trial has been a complex affair since the discovery of Tob Cohen's body in a septic tank at his Kitisuru home in September 2019, 54 days after he was reported missing. Wairimu was arrested and charged, and the case has been marked by several notable events:

• **Bail Denial:** Justice Kavedza has twice denied Wairimu bail, citing the risk of witness intimidation and interference, and ordered her to remain at Lang'ata Women's Prison.
• **Charges Withdrawn and Reinstated:** In a surprising move, the Director of Public Prosecutions (DPP) had the murder charges withdrawn in December 2022, intending to proceed with an inquest instead. However, Wairimu was re-arrested in January 2025 after the DPP reviewed the case and found sufficient evidence to recharge her with murder.
• **Legal Team Changes:** Wairimu has changed her legal counsel multiple times, with Pravin Bowry being the fourth lawyer to represent her, following Senior Counsel Philip Murgor, among others.

The prosecution maintains it has a strong case against Wairimu, built on forensic findings, witness testimony, and scientific analysis, alleging a toxic marital relationship culminated in a premeditated and brutal murder. The case has also drawn attention to Cohen's estate, valued at an estimated KES 500 million.

As Kenyans await the court's decision on this latest application, the quest for justice for Tob Cohen remains fraught with legal battles, promising to keep the nation watching closely. The ruling on January 30 will determine whether the trial proceeds or is forced back to square one, further delaying a final verdict in one of the country's most high-profile murder cases.