The widow of murdered tycoon Tob Cohen, who was left empty-handed by her husband in his will, has launched a fresh fight for a Sh500 million home in Nairobi’s Kitisuru, a Porsche and two dogs.
Sarah Wairimu Kamotho has made a fresh application before the High Court arguing that she is entitled to half of the matrimonial home that is currently guarded by police as a crime scene.
The police, she says, have refused to grant her access to the home because they want to hand it over to Mr Cohen’s siblings.
“In violation of Article 40 of the Constitution and in abuse of the powers of their state offices, the respondents have continued to hold the petitioner’s jointly owned matrimonial property on the false pretense that it is a crime scene and maliciously allowed the petitioner’s home to fall into waste and destruction by taking no steps whatsoever to maintain and preserve the property an all the contents,” she says.
Ms Kamotho, who has jointly been charged with businessman Peter Karanja, with the murder of the golf organiser in July last year, also wants the court to compel the police to release her Porsche Cayenne, KBW 171 G, which she claims is her personal property and not Mr Cohen’s.
She says the police claimed that the vehicle was connected to the crime but the real intention is to hand it to Mr Cohen’s siblings.
Also sought is the release of two pet dogs named Major and Snow, which are being kept at the Kenya Society for the Protection and Care of Animals in Karen.
In the petition certified as urgent by High Court judge James Makau, Ms Kamotho through her lawyer says she wants to move into the house to avoid further wastage due to lack of maintenance, theft and possible vandalism.
Justice James Makau directed Ms Kamotho’s lawyer, Philip Murgor, to serve Director of Criminal Investigations (DCI) boss George Kinoti, Director of Public Prosecutions (DPP) Noordin Haji and the Attorney-General with the court papers within five days.
Ms Kamotho has also accused the police of derailing the progress of the succession case pending in court, violating her rights.
She says the police have refused to give an undertaking that they will not interfere with or hand over her personal property and the house to Mr Cohen’s siblings.
Alternatively, Ms Kamotho wants the police and DPP to make an undertaking or give a bank guarantee for costs and damages arising from wastage, damage and neglect.
She is accusing the police of failing to provide a comprehensive inventory of all the property taken with the sole intention of handing the property to Cohen’s sister Gabrielle Van Straten, a nephew and niece.
In the succession case, Ms Kamotho is seeking to stop the transfer of the properties to Mr Cohen’s siblings.
Mr Cohen gave their Sh500 million matrimonial home, which has been the centre of the dispute, to his sister Gabrielle Van Straten and her children.
He also willed 50 per cent of his estate to Gabrielle, 25 per cent to her two daughters and another 25 per cent to his elder brother Bernard Cohen.
Ms Kamotho said her co-accused, Mr Karanja, made an application for the release of his vehicle and the application was allowed but in her case, the police have opposed the discharge of the Porsche.
Ms Kamotho was arrested on August 28, last year after the disappearance of her husband and detained for several days. Mr Cohen’s body was retrieved from a disused water tank at his home in Kitusuru more than 30 days after his disappearance.
In January, High Court judge Stella Mutuku allowed her a limited access to the home to pick her clothes, shoes, handbags, grooming tools and wearable items.
The court, however, rejected her application for removal of all police officers stationed at the home and for the police release of the two dogs to her.
Mr Cohen had lived in Kenya for more than 30 years, holding various positions including that of the CEO of Philips Group of Companies East Africa.
