Court removes DPP Haji from Tob Cohen succession case

Tuesday, March 3rd, 2020 00:00 | By
Sarah Wairimu, the widow of the late Dutch tycoon Tob Cohen with her lawyer Philip Murgor at Milimani Law Courts. Photo/PD/CHARLES MATHAI

Sarah Wairimu, the main suspect in the murder of businessman Tob Cohen, yesterday suffered a major blow after the High Court removed the Director of Public Prosecutions Noordin Haji and his criminal investigations counterpart George Kinoti from her succession case.

In her ruling, Justice Lydia Achode removed Haji and Kinoti from the case saying  the duo have no interest in the Cohen’s estate as they are holding the property, which has been declared a crime scene  for purposes of investigations.

“I find that the DPP and DCI cannot be enjoined in the succession case because they are not dependents of the deceased,” said  Justice Achode.

Property beneficiaries

She ruled on an application by Haji seeking to have him and  Kinoti removed from the succession case in which they had been listed as respondents.

During the hearing of the application, Haji and Kinoti  through State Counsel Catherine Mwaniki had sought to be removed from the matter, as they have no interest in  Cohen’s estate since they are not beneficiaries.

Wairimu wanted the DPP and DCI retained for their refusal to hand her part of the estate.

Through lawyer Phillip Murgor, she told the court that they illegally seized her matrimonial home under the guise of ongoing investigations, alleging that it was a crime scene.

However, the Judge stayed the decision to remove DCI and DPP following an application by Murgor to have her ruling stayed pending their appeal within 60 days.

According to Murgor, as long as the DPP and DCI are in possession of the house then they are party to the case and can be at liberty of disposing it.

Justice Achode allowed Wairimu’s application to have the DCI and DPP be in the matter for 45 days until they file their appeal in the Court of Appeal.

The case will proceed on April 2 when the court will hear the application by Wairimu alleging that her sister in-law produced in court a fake will.

Meanwhile, as the murder case resumes today (Tuesday) at the trial High court Wairimu has filed a new application seeking for the criminal court to visit her matrimonial home in Kitusuru within the next 7 days.

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