Slain Dutch businessman Tob Cohen had excluded his wife, Sarah Wairimu, and her daughter from his final Will, replacing them with his niece and nephew as beneficiaries, the High Court has heard. The revelation emerged during the murder trial of Wairimu at the Kibera High Court, where Cohen’s long-time lawyer, Geoffrey Chege Kirundi, testified about the businessman’s estate planning and the circumstances surrounding changes to his Will.
Kirundi told the court that Cohen had instructed his law firm to amend his Will, replacing an earlier arrangement that had named Wairimu as the sole beneficiary. The advocate, who said he had known Cohen since 2000, explained that their long-standing professional and personal relationship allowed him to become familiar with the businessman’s signature through numerous legal documents prepared at his office.
Lawyer Questions Authenticity of 2019 Will
During his testimony on Tuesday, Kirundi raised concerns about the authenticity of a separate succession document dated April 30, 2019, which allegedly carried Cohen’s signature. He told the court that detectives investigating Cohen’s murder had approached him with a copy of the document and requested genuine samples of the businessman’s signature for comparison. The lawyer said he retrieved several legal records from his firm’s files and compared the signatures against the disputed document.
According to Kirundi, the signature on the 2019 document did not match the one he had become familiar with over the years. He pointed to differences in the loops and finishing of the handwriting, maintaining that the signature did not belong to Cohen. Kirundi added that investigators had informed him that the document was being presented as evidence of a Will allegedly executed by Cohen in a separate succession matter.
Dispute Over Ownership of Kitisuru Property
The court also heard details about Cohen’s efforts to transfer his Kitisuru residence into joint ownership with Wairimu, who was his wife at the time. Kirundi testified that Cohen had acquired the property for KSh1.5 million before developing it into his family home. In March 2009, the businessman instructed the law firm to begin the process of transferring the property into joint ownership with Wairimu.
However, Kirundi said he advised against the arrangement, noting that Wairimu was already named as the sole beneficiary in Cohen’s existing Will. Despite the advice, Cohen maintained his instructions, prompting the lawyers to prepare the necessary conveyancing documents. The advocate further explained that Cohen initially contacted him through email on April 7, 2009, asking the firm to suspend the transaction.
The businessman later reversed that decision and instructed the lawyers to proceed with the transfer. By then, the documents had been prepared and forwarded to the Collector of Stamp Duty, where an exemption was granted and the papers stamped. However, before the transaction could be registered, Cohen once again contacted his lawyer and directed that the process be stopped. As a result, the transfer was never completed or registered.
Lawyer Describes Cohen’s Personal Approach to Legal Matters
Kirundi also gave the court an account of his working relationship with Cohen, describing him as a sociable client who occasionally preferred discussing legal issues outside formal office meetings. He said the businessman would sometimes invite him for lunch, where he would issue instructions concerning various legal matters. The advocate noted that their interactions extended beyond professional engagements, having known each other for nearly two decades.
Background to Tob Cohen’s Murder Case
Tob Cohen disappeared from his Kitisuru residence in July 2019, prompting investigations into his whereabouts. His body was discovered in September 2019, buried inside an underground water tank at his property. His wife, Sarah Wairimu, was subsequently charged with his murder and has denied the allegations.
The ongoing trial has examined various aspects of the couple’s relationship, property ownership, estate arrangements and circumstances surrounding Cohen’s disappearance and death. The court is expected to continue hearing testimony from witnesses as the prosecution presents its case.
