Sarah Wairimu told police Tob Cohen had habit of disappearing

Former Flying Squad boss Musa Yego has told a court that Sarah Wairimu claimed her missing husband, Tob Cohen, had a habit of disappearing and later returning, dismissing any suspicion of foul play.

Yego, who testified before Justice Diana Kavedza at the Kibera High Court, said Wairimu gave him the explanation in August 2019 when he contacted her following instructions from then Director of Criminal Investigations George Kinoti to take over investigations into the Dutch businessman's disappearance.

The testimony places Wairimu's initial account to investigators under scrutiny as the court continues hearing the murder case over the death of the Dutch businessman, whose body was discovered in an underground water tank at his Kitisuru home in September 2019.

 

The former police commander said Kinoti instructed him on August 2, 2019, to take over the missing-person investigation, which had initially been handled by Kilimani Sub-County Criminal Investigations Officer (DCIO) Fatuma Hadi.

He immediately contacted Hadi, who provided him with the investigation file, enabling him to obtain Wairimu's telephone number.

Yego told Justice Kavedza that he contacted Wairimu on the same day and summoned her to his office, where she appeared on August 3, 2019.

“I informed her why I was calling her, about the disappearance of her husband,” Yego testified.

According to Yego, Wairimu gave him an elaborate explanation of what had happened and disclosed that she had already recorded a statement at Kilimani Police Station.

He asked her to provide an additional statement capturing the issues they had discussed during their meeting, but she requested more time to prepare it.

Yego said Wairimu told him that her marriage to Cohen was in a bad state and that the couple had domestic disagreements.

“She also told me about their family domestic issues, that things are not good as per the way they were staying with Cohen,” he told the court.

Yego further disclosed that Wairimu narrated several incidents involving her husband, including an alleged altercation with a house worker that left Cohen with a head injury.

The matter was allegedly reported at Spring Valley Police Station.

Wairimu also reportedly told the officer that Cohen had been banned from Muthaiga Golf Club following disagreements with other members, whom he allegedly fought.

The former Flying Squad commander said Wairimu also explained that Cohen had previously disappeared before resurfacing in Tharaka Nithi, a development that informed her response when he went missing in July 2019.

“All the time he just disappeared like that, and he resurfaced,” Yego told the court.

He maintained that Wairimu did not express suspicion that her husband had been harmed or that foul play was involved.

“She was not suspecting any foul play or whatever,” he said, explaining that he was investigating the reported disappearance and did not consider her a suspect at the time.

Yego said Wairimu eventually submitted a typed statement bearing her signature on August 6, 2019, before the investigation was handed over to a team from DCI headquarters.

The former Flying Squad boss said he subsequently forwarded the statement to DCI headquarters after an officer in charge of investigations instructed him to hand over the file to the DCI Homicide team.

He maintained that this marked the end of his involvement in the investigation.

The testimony took a different turn when the prosecution sought to have Wairimu's August 6, 2019, statement produced as an exhibit.

Yego confirmed that the statement had been typed, signed and personally submitted by Wairimu.

However, the defence objected to its production, arguing that it was inadmissible in a murder trial under the Evidence Act because it had been recorded during an inquiry.

Defence counsel requested an opportunity to file written submissions and cite relevant legal authorities challenging its admissibility.

The court directed that the issue be addressed through formal submissions before Yego was stood down until the next hearing.

Cohen, a Dutch businessman, disappeared from his Kitisuru home in July 2019 amid a troubled marriage with Wairimu.

His body was discovered on September 13, 2019, concealed inside an underground water tank at their Lower Kabete property.

Wairimu is charged with his murder, which she has denied.

The prosecution has been presenting evidence from police officers, investigators, family members and other witnesses to reconstruct the events leading to Cohen's disappearance and eventual death.

The trial before Justice Kavedza continues.