Tob Cohen murder trial: Why Dutch tycoon completely excluded wife Sarah Wairimu from his will

The late Dutch tycoon Tob Cohen completely excluded his Kenyan wife, Sarah Wairimu Kamotho, and her daughter from his estate in his final will, a Nairobi court has heard.

Testifying before Justice Diana Kavedza at the High Court in Kibera, veteran advocate Geoffrey Chege Kirundi revealed that he had drafted three separate wills for the businessman over the years.

Ms Wairimu is currently on trial for the alleged murder of Cohen, which took place on the night of July 19-20, 2019, at their Lower Kabete residence—a charge she strongly denies.

Mr Kirundi, the prosecution's 26th witness with over four decades of legal experience, explained that the distribution of Cohen's wealth changed significantly across the three documents.

In the initial will, Cohen had bequeathed his property to Ms Wairimu and her daughter. Later, the businessman instructed Mr Kirundi to revise the document to remove the stepdaughter. The third and final version, however, completely locked out both mother and daughter from inheriting any portion of his vast estate.

According to the lawyer, the final will—read at his Bruce House chambers following Cohen's burial in accordance with Jewish traditions—bequeathed the entire estate, including the prime Lower Kabete home, to Cohen’s Brazil-based sister, Gabriella, and her son. The reading was conducted in the presence of the family and defence counsels Danstan Omari and Cliff Ombeta.

Mr Kirundi further testified that he had originally handled the purchase of the Lower Kabete property from Maxwell Kinyanjui and his wife, having been introduced to Cohen by former assistant minister Ngengi Muigai, a neighbouring landowner.

The court was told that Cohen had sought to initiate divorce proceedings against Ms Wairimu prior to his death. Because Mr Kirundi was personally acquainted with Ms Wairimu, he declined to handle the divorce directly and instead referred Cohen to the late family lawyer Judy Thongori, while also advising him to retain Mr Omari regarding an assault complaint against his wife.

In July 2019, Cohen's sister alerted Mr Kirundi that her brother was missing. Together with Ms Thongori and Mr Omari, the legal team began searching for him. Mr Kirundi recalled that when Mr Omari visited the couple's residence, he was deterred by an aggressive dog loose on the grounds.

Subsequent attempts to report Cohen's disappearance at the Spring Valley Police Station were met with initial hesitation from officers.

Mr Kirundi dismissed earlier claims that Cohen had travelled to Bangkok, Thailand, for medical care, noting that during a lunch meeting in July 2019, the businessman had expressed relief that assault charges were progressing against his wife and indicated his plans to leave the country in October.

On September 13, 2019, Ms Thongori informed Mr Kirundi that Cohen's body had been discovered hidden inside a septic tank at his home.

Earlier in the proceedings, former assistant minister Patrick Kariuki Muiruri, a close friend of Cohen for three decades, dismissed the legitimacy of a memoir published in 2020 under Cohen's name that purportedly listed his allies and adversaries.

“Mr Cohen could not have written his own memoirs from the grave,” Mr Muiruri stated, disputing claims that the late Cabinet minister John Michuki was an enemy. He emphasised that Cohen did not know the former minister and bore no hostility toward anyone.

Mr Muiruri also described escalating friction within the household, citing an incident at the wedding of Ms Wairimu’s daughter to an Italian businessman. He told the court that Ms Wairimu publicly sidelined Cohen, grabbing the microphone while he was addressing guests and declaring that it was not his home to welcome visitors.

Concluding his testimony following cross-examination by Senior Counsel Pravin Bowry, Mr Muiruri recounted a chilling conversation with Cohen on the night of July 19, 2019.

He told the court that Cohen had reached out in distress, warning that his life was in danger and stating that should he disappear or be found dead, Ms Wairimu should be held accountable.

The former assistant minister added that Cohen had previously confided about his deteriorating marriage during an encounter at the Kabete Veterinary Laboratories golf course in the presence of two retired military officers.

Heated exchanges disrupted courtroom proceedings after a witness firmly rejected claims that his testimony against Ms Wairimu was fuelled by bitterness over spurned romantic advances.

During a sharp cross-examination, defence counsel Mr Bowry put it to Mr Muiruri that he had harboured feelings for the accused and concocted false claims after being turned down. Mr Muiruri dismissed the allegation, asking, "How can I seek sexual favours from such a woman?"

The confrontation grew so tense that proceedings had to be paused multiple times to allow both the witness and defence counsel to regain their composure. Justice Kavedza intervened directly to de-escalate the situation.

"Breathe in and take some water to cool down," Justice Kavedza directed Mr Muiruri.

After taking a moment to drink water and pace around the courtroom, Mr Muiruri urged the defence lawyer to stop implying he was dishonest, maintaining that his evidence to the court was entirely truthful.

Ms Wairimu remains remanded at Lang'ata Women's Prison following the denial of her bond application. The trial is ongoing.