Tob Cohen’s Final Will Excluded Sarah Wairimu as Lawyer Details Estate Changes in Murder Trial

A long-time lawyer to slain Dutch businessman Tob Cohen has told the High Court that his client removed his wife, Sarah Wairimu, from his final will and left his estate to close relatives instead.

Geoffrey Chege Kirundi, who represented Cohen for years, testified that the businessman changed his inheritance arrangements several times before his death in 2019.

His evidence has brought fresh attention to the couple’s property and financial arrangements, including an abandoned plan to transfer their Kitisuru home into joint ownership.

Testifying at the Kibera High Court on Tuesday, November 10, Kirundi said he had known Cohen since 2000 and had prepared several legal documents for him during their professional relationship.

He told the court that Cohen initially made provision for Wairimu and her daughter in his will. He later changed the arrangement, making Wairimu the sole beneficiary.

However, in his final will, Cohen removed both women and named members of his family.

According to evidence reported from the hearing, the final will allocated half of the estate to Cohen’s sister, Gabrielle Hannah van Straten. His niece, Sharon van Tienhoven, and nephew, Seth Straten, were each allocated 25 per cent.

Kirundi said Cohen personally instructed his law firm to make the changes.

Lawyer questions authenticity of another document

The advocate also raised questions about a separate succession document presented to him by detectives investigating Cohen’s death.

Kirundi told the court that investigators asked him to provide documents carrying what he regarded as genuine samples of Cohen’s signature.

He retrieved records from his law firm and compared the signatures with the one appearing on the disputed document.

The lawyer said he did not believe the signature on that document belonged to his former client.

“I must say I was familiar with Tob Cohen’s signature. He had signed so many documents in my office for the period we had been together as a friend and client. I was able to discern that this signature did not belong to Tob Cohen,” he testified.

He said the differences were visible in the loops and finishing of the signature.

“This particular document, in my view, was not signed by Tob Cohen. One needs only to look at the loops of the signature; they do not follow Tob Cohen’s signature,” Kirundi told the court.

His assessment was based on his familiarity with Cohen’s signature. It remains testimony by a witness, rather than a final judicial finding on the document’s authenticity.

Kitisuru home transfer was stopped before registration

The court also heard how Cohen once considered putting his Kitisuru residence in the joint names of himself and Wairimu.

Kirundi said Cohen had acquired the property for KSh1.5 million before developing it into a home.

In March 2009, the businessman instructed the law firm to begin the process of transferring the property into joint ownership with his wife.

Kirundi said he advised against the arrangement because Wairimu was already the sole beneficiary under Cohen’s then-existing will.

Despite the advice, Cohen instructed the lawyers to prepare the necessary conveyancing documents.

The transaction, however, went through several changes.

Kirundi told the court that Cohen first emailed him on April 7, 2009, asking the firm to suspend the process. He later instructed the lawyers to proceed, and the documents were prepared and submitted for stamp duty exemption.

Although the exemption was granted and the documents stamped, Cohen subsequently issued another instruction to stop the transaction before registration.

The transfer was therefore never completed.

The evidence is significant because it gives the court a picture of how Cohen’s intentions regarding his estate and the family home changed over time. However, the abandoned transfer and the later changes to his will are separate matters, and neither alone determines the legal ownership of the property.

Cohen’s marriage and estate remain central to the case

Kirundi described Cohen as a sociable client who sometimes preferred to discuss legal matters over lunch rather than in formal office meetings.

“He is a type of client who was social, and sometimes he would call me to have lunch and discuss the matter outside the office. He liked that, gave instructions in a social setup,” he told the court.

Cohen disappeared from his Nairobi home in July 2019. His body was discovered in September that year, concealed in an underground water tank at the property.

Wairimu was subsequently charged with his murder. She has denied the charge.

The prosecution is presenting witness testimony and other evidence to establish its case. The defence is entitled to challenge that evidence, and the court has yet to determine Wairimu’s criminal responsibility.

The latest testimony adds another layer to the proceedings, which are examining the events surrounding Cohen’s disappearance and death, as well as the state of his marriage and personal affairs before he died.

The murder trial continues.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.