The High Court has dismissed an application by Sarah Wairimu — who has been charged with the murder of businessman Tob Cohen — seeking to have Justice Diana Kavedza disqualify herself from hearing and determining the case.

Wairimu had asked justice Diana Kavedza to recuse herself on grounds of alleged bias.

However, in a ruling delivered in court, Justice Kavedza found that no evidence had been presented to demonstrate that she had any personal interest in the matter or that the trial would be unfair.

“Having carefully considered the application, I am not persuaded that there exists bias in this matter,” the judge ruled.

The court held that the burden of proof lies with the accused person to establish claims of bias, adding that mere allegations are not sufficient to warrant recusal.

Justice Kavedza further noted that the court lacks jurisdiction to nullify ongoing proceedings in the absence of proper legal grounds.

With the dismissal of the application, the murder trial against Wairimu will now proceed before the same judge.

Hearing of the case will proceed on 19th May 2026.