The High Court has deferred plea-taking by Sarah Wairimu for the murder of her husband Tob Cohen on July 19.
The plea was on Thursday pushed to October 1 after the prosecution and lawyer Cliff Ombeta for the Cohen family contested Ms Wairimu’s representation by Philip Murgor.
Mr Ombeta said Mr Murgor he has never resigned as a special prosecutor following his appointment by the Director of Public Prosecutions Noordin Haji.
“I want to establish from the DPP whether he revoked appointment of Murgor as a state prosecutor,” State prosecutor Catherine Mwaniki told the court as she requested the postponement of the plea.
But Mr Murgor told the judge he resigned as a state prosecutor on March 7 after waiting for two months without being given any assignments.
STATE PROSECUTOR
The defence lawyer asked the judge to consider the rights of Ms Wairimu, who has been in custody for the last 30 days.
The judge heard that if it is established Mr Murgor is a state prosecutor then Ms Wairimu will have to engage another lawyer.
Lady Justice Stellah Mutuku directed Mr Haji to clarify whether Mr Murgor is a state prosecutor.
Ms Mwaniki was asked to verify with Mr Haji whether Mr Murgor’s appointment on January 2019 has been revoked or not.
Judge Mutuku directed information be relayed to the court and Mr Murgor about his position so that he can put in a response.
CONTEMPT
During the Thursday session, Ms Mwaniki also said she needed time to file contempt proceedings against Mr Murgor and his client for commenting on the case on September 24 during the burial of the late Cohen in breach of a court order.
Further she wants to some of the prosecution witnesses, who she said were crucial to her case, placed under protection.