The High Court has dismissed an application by Sarah Wairimu seeking to have Diana Kavedza disqualified from presiding over the murder trial of Dutch businessman Tob Cohen.
Wairimu had moved to court asking Justice Kavedza to recuse herself, alleging bias and arguing that she would not receive a fair hearing if the judge continued to handle the matter.
However, in a detailed ruling delivered in open court, Justice Kavedza rejected the claims. She stated that no evidence had been placed before her to demonstrate any personal interest in the case or any conduct that would suggest prejudice.
“Having carefully considered the application, I am not persuaded that there exists bias in this matter,” the judge ruled.
The court emphasized that the burden rests on the applicant to prove allegations of bias, noting that suspicion, dissatisfaction, or mere assertions are not enough to justify a judge stepping aside from a case.
Further, Justice Kavedza that the court cannot nullify or halt ongoing proceedings, without proper legal grounds, underscoring that judicial officers are bound to discharge their constitutional mandate unless compelling reasons are shown.
With the dismissal of the recusal application, the high-profile murder trial will now proceed before Justice Kavedza as earlier scheduled.
Sarah Wairimu Kamotho, was accused of the murdering her husband Tob Cohen in 2019. The prosecution is expected to line up 78 witnesses in the Tob Cohen murder case. The witnesses are to testify how Cohen’s body was found inside a cemented underground water tank at his Kitisuru home.
