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Cohen’s testament opened amid controversy as widow declines to send representation

Lawyer Kirundi (centre) declined to reveal when it was prepared, during a press conference attended by Cohen’s siblings Gabrie (right) and Bernard (left)/CFM

NAIROBI, Kenya, Sep 20 – The will of the late Dutch tycoon Tob Cohen was opened on Friday in the absence of his widow Sarah Wairimu, who has questioned its authenticity.

The will, which lawyer Chege Kirundi said was prepared at his office within Bruce House, was contained in a small brown envelope, that had been sealed with straps.

Lawyer Kirundi declined to reveal when it was prepared, during a press conference attended by Cohen’s siblings Gabrie and Bernard.

Family friend Patrick Muiruri – who is a former Gatundu North Member of Parliament – was also in attendance.

It is a turn of event likely to cause fresh controversy, but Cohen’s family through lawyer Cliff Ombeta, said they’re ready to respond to any legal challenge.

Wairimu’s lawyer Phillip Murgor had in a statement on Thursday cited reports by a local daily, saying the content of the will had been “severely compromised.”

In a rejoinder, lawyer Ombeta dismissed the claims, and instead asked him to seek a redress in court, if dissatisfied.

“Murgor has gone to the extent of claiming it (the will) was tampered with the help of some people. This must stop. You see, when we’re playing these games, we should not do it to the detriment of the people seating here,” Ombeta said.

“Murgor should not mad the waters and decide no one will bathe in it.”

Cohen is set to be buried on Monday at a Jewish Community cemetery along Prof Wangari Mathai at 8pm.

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The event will be attended by family members only according to an agreement reached between Gabrie and the widow.

Lawyer Chege Kirundi (pictured) said the will, contained in a small brown envelope, that had been sealed with straps, was prepared at his office within Bruce House/CFM

On Friday, the lawyer representing the two went to seek court orders to enforce a set of conditions preceding the burial of Cohen on Monday which including full participation of Wairimu and Gabrie.

Wairimu filed an application on Friday seeking to be released from custody to attend the burial. The court will convene Monday morning to consider the application.

Cohen’s body was found dumped inside an underground water tank on September 13, a day after Wairimu appeared before court to face a murder charge.

She was remanded until September 26, when she will plead to murder, after undergoing a mental examination.

Cohen’s body underwent an autopsy on Wednesday, in a bid to establish what killed him and the probable time.

The exercise was led by Chief Government Pathologist Dr Johansen Odour, in the presence of his counterparts representing Wairimu and Cohen’s sister.

Wairimu witnessed the autopsy after a court order directing prison authorities to avail her was issued early on Wednesday.

On Tuesday, a government pathologist Dr Peter Njenga was rejected by Wairimu through lawyer Murgor over remarks he is accused of having made at the scene of the crime in Kitisuru about the condition of Cohen’s body.

The disagreement prompted the postponement of an autopsy initially slated for Tuesday.

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He agreed to step down, prompting the postponement of the exercise to Wednesday to be conducted by Dr Oduor who said they had managed to make “many findings” but were not made public due to a restricting court order issued early this week.

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.

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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.

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