The sister to slain Dutch tycoon Tob Cohen wants the court to throw out applications filed by his estranged wife, Sarah Wairimu Kamotho Cohen.
In an application filed in court, Gabriel Van Straten claimed Wairimu did not adopt her brother’s name during the duration of their marriage.
She wants the applications in which Wairimu filed using the deceased’s surname to be dismissed.
Through her lawyer, Danstan Omari, Ms Straten argued that the name Sarah Wairimu Cohen does not exist and is such a fictitious person.
“The applications filed before this Court as far and to the extent that they have been filed by one Sarah Wairimu Kamotho Cohen are incompetent and untenable in the eyes of the law for having been filed by a fictitious person and a person unknown to the law and us,” court documents read.
The petitioner further stated that her departed brother’s marriage was strained owing to the many abusive incidents towards him (Cohen) by Wairimu. He had apparently started divorce proceedings prior to his disappearance and eventual death.
Gabriel maintains that during Wairimu’s marriage to Cohen, she never took any of Cohen’s names and never went through the legal process of changing her name through a deed poll.
“Thus, the reference of herself as Sarah Wairimu Kamotho Cohen in the various applications filed before the court is meant to confuse the court by obscuring the mind of the court and seeking unnecessary sympathy or empathetic treatment from the court,” Gabriel adds.
By using his name, Ms Straten argues, Wairimu is making a mockery of the man and his family.
The former CEO of Philips Electronics East Africa was reported missing from his Lower Kabete home in Nairobi between July 19 and July 20, 2019.
He was found dead on September 13 the same year in a septic tank within the compound.
Wairimu was charged with murder alongside a businessman identified as Peter Karanja.