Sarah Wairimu, the slain businessman Tob Cohen’s widow, has accused her sister-in-law Gabriele Van Straten of filing a forged Will in court.
In an application filed by lawyer Philip Murgor at the High Court’s family division, Ms Wairimu claimed that she had sought services of an expert, who confirmed to her that the Will dated April 30, 2019, that Cohen’s sister presented in court was fake.
The forensic examination that included examining the Will’s signatures was done by one Emmanuel Kenga, a retired commissioner of police and forensic expert.
In his observation, Kenga noted the late Cohen didn’t sign the Will document as the signature was not consistent with past signatures that date back to 1995.
“Through an expert document examiner in a forensic report has confirmed that the said will is a blatant forgery and obtained through fraud,” the application reads in part.
Ms Wairimu now wants Cohen’s sister investigated. She requested the court to grant her an opportunity to cross-examine her regarding credibility, authenticity, drafting, validity and chain of possession of the said forged will.
In the will opened on September 20, 2019, Cohen did not leave any of his property and money to his widow.
Cohen reportedly bequeathed 50 percent of his estate to Ms Gabrielle and the other 50 percent split into half between his nephew and niece. His bank balances are supposed to be channeled to his sister, Gabrielle.
Ms Wairimu, who is charged with the murder of the Dutch tycoon, also wants the court to disqualify lawyer Danstan Omari, Shadrack Wambui of M/s Musyoki and Mogaka Company Advocates and all lawyers practising in the law firm from representing Cohen’s family in the murder case.
The suspect argues that Omari is conflicted as he is one of the witnesses lined up to testify against her in the case.
Ms Wairimu says Omari and other lawyers from his law firm, who represented the late Cohen in the couple’s divorce proceedings, propagated a false narrative that she was harassing and denying Cohen his conjugal rights over an alleged dispute on the ownership of their matrimonial property.
“Moreover, Mr Shadrack Wambui is likewise conflicted in this matter as he lodged a complaint against the applicant to cause her arrest for allegedly assaulting the deceased, knowing fully well the substance of the complaint to be untrue, ” the application reads.
The Director of Public Prosecutions (DPP) Noordin Haji and Director of Criminal Investigations (DCI) George Kinoti told the court that they are not interested in the succession row and that they should not be listed as respondents.
State counsel Catherine Mwaniki, however, stated that claims by Ms Wairimu will be investigated without dragging in the DPP and DCI in the new application. She said the two are neutral arbitrators who can perform the role from outside.
But Murgor accused the DPP of bias saying he had been compromised after colluding with the family.