Philip Murgor — who is retained by Cohen’s widow Sarah Wairimu (left) — has questioned the motive of opening a will whose contents were already published in a local newspaper on Monday, stating that Cohen had granted his sister Gabrielle (right) the Sh400 million Kitisuru home.
NAIROBI, Kenya Sep 19 – Fresh controversy has emerged in Tob Cohen’s saga, this time over his multimillion estate, after a lawyer announced plans to open his will on Friday.
Kirundi and Company Advocates has written to lawyer Philip Murgor—who is retained by Cohen’s widow Sarah Wairimu, as well as a sister to the deceased Gabrielle, asking them to attend the opening.
But Murgor has fired back a letter questioning the motive of opening a will whose contents were already published in a local newspaper on Monday, stating that Cohen had granted his sister Gabrielle the Sh400 million Kitisuru home.
“Our client is well aware, that any purported wills must be proved through an appropriate application to the High Court for probate to determine their validity. In the circumstances, we have been instructed not to attend to the proposed opening of the will ,” Murgor wrote.
Wairimu has questioned the authenticity of the said will, while directing her lawyer to keep off from the planned opening, which was slated for Friday at 11.30am.
Murgor said, “it is evident that the confidentiality of the said will has severely been compromised” based on the newspaper reports.
“In the meantime, we are instructed to request you to let us have details of any purported or on-going transactions being handled by yourself, in relation to our client ‘s matrimonial home, at Farasi lane, Mugumoini close, in Nairobi, LR. No. 2951/, including the confirmation of your instructions to include our client as co-owner of the said property,” the letter seen by Capital FM reads.
According to Murgor, the couple’s home in Kitisuru was co-owned by Wairimu and her deceased husband Cohen whom she is accused of murdering him, before his body was tied up and dumped in an underground tank at the home.
This new controversy threatens to split the two parties, whose lawyers announced Thursday at a news conference that they had agreed to have Cohen buried at the Jewish Cemetery in Nairobi on Monday.
Murgor had earlier on Wednesday written to Chiromo Mortuary warning against the release of Cohen’s body to anyone else apart from his client Wairimu.
Sarah Cohen and her lawyer Philip Murgor at Chiromo Mortuary. /SAM WANJOHI.
On Thursday afternoon, Cliff Ombeta who is representing Cohen’s sister issued a joint press statement with Murgor, saying they had reached an agreement for Cohen to be buried on Monday – but said they were to get enforcing orders from court.
Of the conditions included is having the burial ceremony being a private family affair, with no friends, and to take place at the Jewish Community cemetery along Prof. Wangari Mathai road, on Monday at 2pm.
It is also on condition that Wairimu attends the burial.
“The burial ceremony will be private and for family members only. Sarah and Gabriel will participate as widow and sister, respectively,” Murgor, who read a joint statement said.
Ombeta said they are not opposed to Wairimu attending the burial of her late husband.
“It will not benefit either of the party if we start having tugs of war of who owns Cohen’s body. Cohen deserves to have a dignified burial,” Lawyer Ombeta said.
On Wednesday, Wairimu through Murgor wrote to Chiromo Funeral Parlour, asking them not to release Cohen’s body to his sister.
Wairimu said she was the only person legally allowed to decide on when and how Cohen should be buried.
Wairimu was arrested more than two weeks ago, after Cohen went missing in July.
She initially claimed in statements to the police that Cohen might have travelled abroad for medical treatment, but Director of Criminal Investigations George Kinoti said her version on the sequence of events was not adding up, leading to her detention.
The prosecution later presented her in court with a charge sheet on Cohen’s murder, but she could not plead because she had not undergone a mental assessment.
Cohen’s body was also yet to be found, with her lawyer Murgor accusing the DCI of charging her without a “shred of evidence”.
Nonetheless, the court ordered she be remanded at the Lang’ata Women’s prison awaiting the charges.
But before she could undergo the mental assessment or take plea, Cohen’s body was discovered at his home on September 13, dumped in an underground water tank.
The DCI has said they have sufficient evidence to charge her with Cohen’s murder and are even detaining a man said to be her close associate, who has been placed at the centre of the crime scene.
Police were given until October 4, to finalize investigations on his alleged involvement, while Wairimu is due back in court on September 26 to plead to a murder charge.
Cohen is a former Chief Executive Officer of Dutch conglomerate Philips East Africa who has lived in Kenya for many years and was lately known for organizing golf tournaments.
About The Author
