DPP files inquest into Tob Cohen’s mysterious death

Director of Public Prosecutions (DPP) has finally filed an inquest at Milimani Law Courts to inquire into the mysterious death of Dutch tycoon Tob Cohen (pictured) four years ago.

The inquiry was lodged in court after the DPP dropped murder charges against the tycoon’s widow Sarah Wairimu and businessman Peter Karanja in 2022 to pursue the matter through a public inquest.

The hearing of the inquest was expected to kick off yesterday but was postponed to Monday next week since the trial magistrate Eric Otieno was said to be unwell.

The matter was, however, mentioned before Magistrate Ben Mark Ekhubi who directed the parties to appear before the trial court  on April 29,2024 for further directions on the hearing of the inquiring.

Murder case

The registration a judicial inquest case at the chief magistrate’s court is to establish the cause and circumstances leading to the death of the tycoon, whose body was discovered in an underground water tank at his home compound in Kitisuru, Spring Valley, Nairobi in September 2019.

In November 2022 the state prosecutor sought for the inquest to unravel the mysterious death that shocked the country September 2019 and dropped the murder case against  Wairimu and Karanja accused of murdering him.

“This will enable the contradictions that have affected the proceedings of this matter to be heard in detail by all parties. In addition, this will provide an opportunity for parties to present any information that had not been explored substantially before the court,” DPP stated in a letter which had been filed before the High Court while seeking to drop that murder case.

The State prosecutor withdrew the case against Cohen’s widow Wairimu and Karanja, citing lack of evidence blaming the DCI for failure to conclude investigations before the office recommended the murders charges.

He believed that if the case was allowed to go for full trial based on the evidence available, his office could not secure a conviction on the matter.

“The DPP independently reviewed the matter and concluded that the evidence as it does not meet the evidential threshold required to mount a successful prosecution of this case. We urge the criminal proceedings against the above-named persons who are charged with the offense of murder contrary to section 203 as read with section 204 of the Penal Code, Laws of Kenya to be withdrawn,” Gikui Gichuhi told the court.

Citing a lack of evidence and difficulties in getting the same, the DPP blamed the Directorate of Criminal Investigation (DCI) for failure to conclude investigations and believes that based on the evidence available prosecutors cannot secure a conviction.