Cohen family fights widow over Sh500m Kitisuru home


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Cohen family fights widow over Sh500m Kitisuru home


Sarah Wairimu Kamotho with her lawyer Philip Murgor at a Nairobi court on March 2, 2020. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

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Summary

  • While seeking to join the case, Cohen’s brother Bernard, his niece Sharon Van Tienhoven and his sister Gabrielle Van Straten oppose Ms Kamotho’s application, arguing that they were handed the property through his will.

The family of murdered Dutch tycoon Tob Cohen has opposed an application by the widow Sarah Wairimu Kamotho seeking to get back a Sh500 million Kitisuru home, a Porsche and two dogs.

While seeking to join the case, Cohen’s brother Bernard, his niece Sharon Van Tienhoven and his sister Gabrielle Van Straten oppose Ms Kamotho’s application, arguing that they were handed the property through his will.

In the will read in September last year, Mr Cohen gave 50 per cent of his property to Gabrielle and the remaining percentage to her two children.

Mr Cohen also gave the family business to Gabrielle and additional Sh100 million held in local and foreign banks, while he gave his brother Bernard Sh50 million held in a Dutch bank.

Ms Kamotho filed the application last month seeking to be handed the multimillion-shilling home, the Porsche, arguing that it belonged to her and the two pet dogs.

She has also applied for the quashing of the murder charges saying the police conducted biased investigations.

Mr Cohen’s family sought to join the case and oppose her bid saying they are beneficiaries of the estate and they have identifiable stake in the court proceedings.

Through senior counsel Philip Murgor, Ms Kamotho accuses the prosecution of violating her rights. She said the investigators have spent the past one year trying to validate the illegal charges and flawed decision to arrest and charge her with murder.

She said she co-owns the home with Mr Cohen, whom they started living together in 1998 and solemnised their marriage on May 30, 2007.

Mr Murgor further accuses the police of intimidating defence witness. He said the police have failed to investigate the possibility that Mr Cohen was killed elsewhere and the body dumped in the home.

Ms Kamotho said she was present during the postmortem on September 22, 2019 and the body appeared fresh and not consistent with somebody who had been dead for 56 days, as alleged.

“There is a complaint that the Directorate of Criminal Investigations and Director of Public Prosecution have refused to investigate the complaint that the Will is a forgery. We have not asked for assets that are subject of succession proceedings,” said Mr Murgor.



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