A Nairobi court has removed DPP Noordin Haji and DCI boss George Kinoti from Sarah Wairimu Cohen’s succession case.
On Monday, the court ruled that the two parties were not dependants of the late Dutch businessman Tob Cohen.
Last week, Sarah wrote to the court asking that Kinoti and State prosecutor, Catherine Mwaniki are barred from investigating and prosecuting her case, respectively.
Cohen’s widow further accused Kinoti of refusing to investigate the authenticity of her late husband’s will.
“We want the DCI to withdraw himself from investigating this case because together with his team, they have refused to investigate the forgery of the Will,” said her lawyer Philip Murgor.
She also claimed that Kinoti has a liking for the Cohen family hence presenting bias in his investigations.
“Neither the DPP nor the DCI has any legal mandate to deal with personal property rights nor succession matter involving private citizens, for this reason, both offices need to seek independent guidance from AG who, so far, has remained suitably removed from the controversial actions by the DCI and his officers,” Murgor said.
On February 10, Sarah filed an application at the Milimani High Court accusing three of her late husband’s relatives of trying to disinherit her.
The three are Gabrielle Hannah Van Straten, Sharon Cohen and Seth Van Straten who sought to be enlisted as interested parties in the succession matter.
Through her lawyer Samora Owino, Sarah asked that the court disqualifies from the case, the trio’s lawyer Danstan Omari of Musyoki Mogaka & Company Advocates.
“He is a material witness in the High Court criminal case and in this succession case for the reason that he was the advocate of the deceased and participated in a vicious media campaign against the applicant following institution of divorce proceedings by the deceased,” lawyer Owino said.
The will was opened on September 19, 2019 by lawyer Chege Kirundi. Gabrielle, Cohen’s sister was listed as the principal beneficiary.
Cohen is said to have died between July and September 13, 2019 when his body was found in a septic tank within his Kitisuru home.