BY PHEOBE WANJOHI.
The family of the late dutch businessman Tob Cohen has filed an application to be enjoined in the succession case filed by his widow Sarah Wairimu.
They include Gabriel Hannah Van Straten, Sharon Cohen and Seth Van Straten who are blood relatives of the late tycoon who was allegedly brutally murdered in cold blood last year.
Director of Criminal Investigation George Kinoti termed the death of the 71-year-old businessman as a gruesome murder that may have occurred in his house and that it was a crime well calculated.
“Cohen was murdered in his own residence. It is a gruesome murder. They took their time to kill innocent Cohen,” said DCI Kinoti.
The application comes days before the inter-parties hearing slated on the February 10,2020 where the court will give further directions concerning the property of the deceased, particularly a house built on Farasi Lane, LR 2951/449 measuring 0.3162 hectares popular know as Kitisuru home valued over Sh 400 million.
Through lawyer Danstan Omari, the three wants to be enjoined in the case as intended interested parties claiming that no party will suffer any prejudice if allowed to participate in the succession proceedings filed by Wairimu.
Gabriel states in her affidavit that she is the blood sister of the deceased and is well aware of the sudden demise of his brother whose remains were discovered on the September 13, 2019 in an underground water tank which led to the subsequent charging of Wairimu with the murder of his brother (Cohen) which is still pending in court.
Wairimu is charged alongside one Peter Karanja with the murder.
Cohen sister also states that it is within her knowledge that Wairimu was at one time married to the deceased and is reasonably seeking to benefit from the said estate.
According to the court documents, she says says that before the sudden disappearance and subsequent demise of Cohen, he had executed a will through which he expressed his desire to have his estate shared amongst the three.
“Consequently, the intended interested parties herein have an identifiable stake in the estate of the deceased and to enjoin them in this proceedings will breathe life to the constitutional dictate of allowing access to justice to all persons,” says lawyer Omari.
According to Gabriel, his brother bequeathed to her and the other two interested parties his property including the house he had worked hard to build located on Farasi Lane, LR 2951/449 measuring 0.3162 hectares in Mugomoini Close Nairobi.
The lawyer further states that in the view of the will that bequeathed the estate of the deceased to his relatives, it would serve the better administration of justice to enjoin them as interested parties to this suit as they have arguably an identifiable stake or interest in the estate of the deceased.
“Unless this application is heard and orders prayed herein granted, then the intended interested parties interests will be heavily prejudiced,” says Omari.
