Legal Proceedings Against Sarah Wairimu
Sarah Wairimu, a woman currently facing multiple legal challenges, has been charged with providing false information to a police officer and swearing a false affidavit in relation to an alleged loss of her passport. These charges were brought forward by the Director of Public Prosecutions and presented before the Kibera High Court.
According to the charge sheet, Wairimu is accused of giving false information to Chief Inspector Mercy Riungu, the Officer Commanding Station (OCS) at Munyange police station in Othaya, Nyeri county, on February 20, 2023. The prosecution claims that she falsely reported her passport as lost, which led to the issuance of a police abstract based on the report.
The charge sheet states that on that day, Wairimu knowingly provided false information to Chief Inspector Mercy Riungu, who is employed in the Public Service, asserting that her passport had been lost. This information, which she knew to be false, caused the officer to issue a police abstract.
In the second count, Wairimu is accused of false swearing under Section 114 as read with Section 36 of the Penal Code. The charges indicate that on the same day, she appeared before High Court Advocate Muchiriwa Gathoni at Pamki House in Nyeri Town and allegedly swore a false affidavit claiming her passport had been lost, while knowing otherwise.
The charge sheet reads: “On the 20th day of February 2023, at Pamki House 2nd Floor, in Nyeri Town within Nyeri county within the Republic of Kenya, appeared before Muchiri Wa Gathoni, a duly commissioned Advocate of the High Court of Kenya, and knowingly swore a false Affidavit to the effect that your Kenyan passport number had been lost whereas in fact you knew the said passport was not lost.”
Wairimu denied the charges when she appeared before Principal Magistrate Zainab Abdulat at the Kibera Law Courts on Friday. The prosecution is being led by Samson Ng’etich.
Wairimu remains in custody at Lang’ata Women’s Prison, where she is also facing a separate murder trial related to the death of her husband, the late businessman Tob Cohen. She has encountered several setbacks in the case.
In July, the court declined to release her on bail, citing serious concerns over witness intimidation, flight risk, and interference with the scene of crime. Delivering the ruling, Lady Justice Diana Kavedza stated that the court had already found there was a “real likelihood” of the accused interfering with witnesses.
The court noted that during the proceedings, the accused was alleged to have threatened a police officer in the presence of the court. “This court wonders,” the judge said, “if the accused person is capable of intimidating an armed police officer in the presence of the court, what is she capable of doing out there where the court’s eyes and ears are not present?”
The court emphasized that Wairimu needed to show remorse before any bail application could be considered. “It is therefore my view that the accused needs to first show remorse before this court can vacate its orders,” the judge ruled.
An earlier request for a bond rebate was denied on similar grounds.