Court: Inquest into Tob Cohen's death to proceed

Magistrate Wambo says anybody wishing to have the inquest terminated must do so formally

In Summary
  • The magistrate explained that in the absence of affidavits or applications to support the same, it would not be for the court to close the matter.
Ruling
Ruling
Image: The Star

A Magistrates Court has declined to terminate the inquest into the murder of Dutch tycoon Tob Cohen.

Milimani Magistrate Eric Wambo said anybody wishing to have the inquest terminated or closed must make a formal application in court.

A Magistrates Court has declined to terminate the inquest into Tob Cohen.

The magistrate said anybody wishing to have the inquest terminated must do so formally.

"If the ODPP wishes that this inquest be closed or terminated, it's only proper they file affidavits indicating a desire to do so. The same applies to the family of the deceased," the court said.

The magistrate explained that in the absence of affidavits or applications to support the same, it would not be for the court to close the matter.

"I decline to terminate or close this file until my above directions are complied with," Wambo said.

In 2022, the DPP withdrew the murder charges against Cohen's widow, Sarah Wairimu, and her co-accused and subsequently registered the matter as an inquest.

They issued a press statement explaining the decision they took, saying several things emerged during the reviewing of the file that were unclear, leading to the withdrawal of the murder charge.

At the time, Jacinta Nyamosi from the DPP office said in 2020 they wrote two letters directing the investigating team to cover 35 areas of investigation that had not been covered.

“The statements recorded by the police indicate that several cops in civilian clothes visited the compound of the late Cohen, and the identity of the said officers remains undisclosed,” Nyamosi said.

The prosecution also said that they even directed that the sub-county police commander Gigiri be interrogated on his interaction and relationship with Sarah, but that was not done.

Cohen’s body was found close to two months after his disappearance on September 13, 2019, in a septic tank within his palatial home in Kitusuru.

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