The inheritance plans of the late Dutch businessman Tob Cohen have come under fresh scrutiny following testimony that he changed the beneficiaries of his estate several times before his death.
Geoffrey Chege Kirundi, Cohen’s former lawyer, told the Kibera High Court that he prepared three different versions of the businessman’s will, following instructions issued at different times.
Testifying on Tuesday, November 10, Kirundi explained that Cohen initially wanted his wife, Sarah Wairimu, and their daughter to inherit his property. However, the businessman later changed his mind and instructed the lawyer to remove their names from the inheritance documents.
According to the testimony, Cohen eventually named his sister, Gabriella, and her son as beneficiaries instead.
The estate included the couple’s substantial property in Kitisuru, Nairobi, which has remained an important part of the legal proceedings following Cohen’s death.
Kirundi told the court that the changes were made at Cohen’s request. He maintained that the businessman consistently provided fresh instructions whenever he wanted an earlier will changed or revoked.
He further explained that Cohen never remained without a valid will because he would give instructions for a replacement document immediately after revoking an earlier version.
The defence, led by lawyer Parvin Bowry, questioned Kirundi about the three documents, particularly the whereabouts of the first two versions.
Bowry also challenged the lawyer’s account, raising concerns about inconsistencies in his testimony and his disclosure of information relating to documents that were supposed to remain confidential.
Questions emerge over authenticity of Cohen’s will
The court also heard evidence from lawyer Joseph Ndirangu Maina, who challenged the authenticity of a will presented following Cohen’s death.
Maina, the 27th prosecution witness, disowned a signature attributed to him on the document, insisting that he had not signed it.
He also questioned how the photocopy presented in court had been produced, arguing that it could not have originated from the original document.
Maina told the court that the signature appearing on the copy was not his, distancing himself from the document presented as part of the evidence.
His testimony introduced further questions about the authenticity of the inheritance documents and the circumstances under which they were prepared and presented.
The disputed will is significant to the proceedings because Cohen’s estate and the changes to his intended beneficiaries have featured prominently in the case.
Former police commander recalls Wairimu’s account
Former Gigiri Sub-county Police Commander Richard Mwangi also testified, recounting his interaction with Wairimu after Cohen disappeared.
Mwangi told the court that Wairimu contacted him and claimed that her husband had travelled abroad to receive medical treatment.
According to his testimony, she also informed him that Cohen had developed a mental disorder.
Mwangi said he later learnt about the businessman’s disappearance through newspaper reports before receiving the telephone call from Wairimu.
His account formed part of the evidence presented by the prosecution concerning the events surrounding Cohen’s disappearance.
Cohen went missing from his Kitisuru home in July 2019. His disappearance triggered investigations and a search that lasted several weeks.
His body was eventually discovered on September 13, 2019, inside an underground water tank at the property.
The discovery led to further investigations into the circumstances surrounding his death, with Wairimu subsequently charged with murder. She has denied the allegations.
Murder trial continues
The latest testimony has brought together three major issues in the proceedings: Cohen’s troubled marriage, changes to his inheritance arrangements and questions surrounding the authenticity of documents presented after his death.
The prosecution has continued calling witnesses to explain the events leading to Cohen’s disappearance and the discovery of his body.
The defence, meanwhile, has questioned aspects of the evidence, including the preparation and authenticity of the wills.
Four additional witnesses were expected to testify on Wednesday, November 11, as the trial continued at the Kibera High Court.
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