Ghost of Tob Cohen: A murder that won't stay buried

The murder of a Dutch citizen Tob Cohen. [Boniface Okendo, Standard] It has been five and a half years since the nation was shaken by the macabre murder of Dutch billionaire Tob Cohen - a crime as disturbing as it was mysterious. For days, his sudden disappearance gripped headlines, speculation swirling like vultures over a grim secret. When things finally surfaced, it was chilling beyond imagination. The discovery of his decomposing body in an underground septic tank on his lavish Kitisuru property. Today, the haunting saga that once dominated Kenya's crime scene is back in the spotlight. Cohen's widow, Sarah Wairimu Kamotho, was re-arrested on January 23, 2025 and now faces fresh murder charges, with investigators citing what they call damning new evidence. Intriguingly, her dramatic arrest comes just weeks before a scheduled State visit by Dutch royals, King Willem-Alexander and Queen Maxima, raising questions about whether the renewed judicial zeal is coincidental or politically charged. "I want justice before I die because I'm 70 years old," Tob Cohen's sister, Gabrielle Hannah Van Straten, has stated the family's position. Kenya's Directorate of Criminal Investigations (DCI) initially appeared to place Wairimu at the centre of the murder, but were criticised by the public over premature conclusions and perceived general mishandling of the investigations. In a shocking turn of events, head of Investigations John Gachomo wrote a letter to the Solicitor General expressing his lack of understanding and unawareness of the DCI's submissions made in court using his name. In the letter, Gachomo stated: "I hope that you will not be surprised by my direct communication with you in this matter. The matter is legal and touches my personality." Additionally, the top investigator submitted an affidavit to the court, disavowing any knowledge of the DCI statement presented in court, and asserted that its contents were false, emphasizing that he could not have made such statements. The original trial against Wairimu and Peter Karanja was dropped after the then Director of Public Prosecutions (DPP) Noordin Haji, now NIS boss, pointed out serious flaws in the investigation, including a critical affidavit by Gachomo. The inconsistencies led to the termination of the murder case against Wairimu and her co-accused, Karanja. "This will enable the contradictions that have affected the proceedings of this matter to be heard in detail by all parties. In addition, it will provide an opportunity for parties to present any information that had not been explored substantially before the court," Haji said in a circular. Wairimu at the time said that the arresting officers constantly attempted to take advantage of her vulnerable position, both as a woman and as a suspect, by lying to her that they could help her solve her alleged problems. At the time, the High Court, listening to the murder case, ordered an inquest after an application by Haji. The inquest started in April 2024, but was abandoned midway by the DPP, leaving Cohen's family still waiting for justice six years after his death. "Upon independent and thorough review of the new material, the DPP is satisfied that Ms Wairimu was involved in the death of Tob Cohen," the DPP said in a statement last week. Case reopened Wairimu, through her lawyer, told Justice Diana Mochache that on January 23, 2025, she presented herself at the Kilimani Police Station after a detective asked her to retrieve her personal belongings, including her passport, only to be rearrested. "It is misleading to say she was arrested. She came willingly to retrieve her passport and other items before detectives informed her that she was under arrest at 3pm," her lawyers said. Wairimu, who insists she is a victim, questioned the DPP's three-year silence and failure of the inquest to kick off asking why she was being charged for the same crime that the DPP had a case withdrawn. The DPP through Vincent Monda explained that new evidence had come to light, prompting the reopening of the case. "This fresh material is critical to the prosecution's case and justifies a new approach to this matter," he said. The re-arraignment comes after the termination of an inquest, despite a High Court ruling demanding one due to inconsistencies in the evidence provided in court. "Consequently, the DPP made an application for the termination of an inquest into the murder, which was granted. Upon independent and thorough review of the new material, the DPP is satisfied that Ms. Wairimu was involved in the death of Tob Cohen," Monda said. Investigations by The Nairobian uncovered that a postmortem report suggested that Cohen may have been killed less than two weeks before his body was discovered on September 13, 2019, despite being missing for almost eight weeks since July 20, 2019. The timeline presented by the authorities, including the DCI, now appears questionable, especially since Cohen's body showed signs of trauma consistent with recent physical violence. The details were revealed in the autopsy conducted shortly after Cohen's body was found in the septic tank. "The organs that had started decomposing were the kidney, renal pelvis, and pancreas," the postmortem report stated, indicating that Cohen was likely killed less than a week before his body was found. "This raises questions about where he was and whether he was kidnapped or stayed with someone for more than five weeks," said a top investigator familiar with the case. The report also revealed that Cohen's body had significant bruises and fractures. His ribs were broken, and there were signs of blunt force trauma to his head. Dr. Andrew Gachii, one of the pathologists involved, explained, the injuries suggest that Cohen was subjected to severe physical violence before his death, which raised critical questions about the events that transpired during his disappearance. The autopsy, performed on September 18, 2019, at Chiromo Mortuary by Dr Johasen Oduor, Prof Emily Rogena, Dr Andrew Gachii, Dr Kizzie Shako, and Dr Amritphal Kalsi, found that several key anatomical features in Cohen's body were still normal, a clear indication that he might have been alive when they reported that he was missing. Notably, the trachea, bronchi, thyroid cartilage, hyoid bone, intercostal muscles, neck muscles, clavicles, and sternum showed no signs of trauma. "The scene was contaminated after Cohen's alleged discovery, possibly deliberately. The failure to investigate Tob Cohen's alleged will is a significant concern," Wairimu's lawyer said in her 2019 petition at the High Court. "She was charged without the body, and then when the body was discovered, the same police allowed the public to tamper with the crime scene," the lawyer added. Cohen was first reported missing by his sister, Gabrielle van Straten, on July 20, 2019. However, Wairimu, his wife, later filed a missing person's report with the police. According to the DCI, the case took a significant turn when the Netherlands Embassy expressed concern over Cohen's disappearance, leading to the involvement of local authorities. "We are now questioning whether Cohen was even alive when Wairimu was arrested," said an investigator familiar with the case. "The body was discovered under circumstances that raise more questions than answers," added the officer. Cohen's body, when discovered, was described by the then-DCI Director George Kinoti as a gruesome murder. "The body was tied at the legs, hands, and neck, indicating a clear case of torture before death. This was a heinous act, and those responsible will face the law," Kinoti said. Battle for Cohen's estate A Will filed in the High Court was dismissed by Wairimu's lawyers, who claimed it was forged, and it was never investigated by the DCI. However, it was hinted that a property worth more than Sh500 million was at the centre of Cohen's death. The will, dated 2019, excluded Wairimu and instead designated Cohen's brother and Gabrielle van Straten as beneficiaries. Lawyer Chege Kirundi argued that the will should be upheld, citing Wairimu's refusal to adopt Cohen's surname during their marriage. Wairimu's defense at the High Court strongly contested the authenticity of the will, which was presented by lawyer Kirundi during the proceedings. They cast doubt on its legitimacy. "The will was forged," Wairimu said in her petition. "A forensic document examination conducted by Emmanuel Kenga, a retired Commissioner of Police, found that the will was not genuine." Her defense lawyer, Philip Murgor, echoed this concern, saying: "The document was clearly tampered with, and the DCI failed to investigate it properly." Wairimu questioned the role of three Mt Kenya region politicians, whom she mentioned in the 2019 petition and from whom she wanted phone records obtained so that the public could understand their role in Cohen's death. "Our client demands that comprehensive and unredacted call and SMS data for specific individuals, covering the period from July 1, 2019, to September 30, 2019, be produced, including Tob Cohen and various other individuals involved in the case," Wairimu said through Murgor. Her legal team also raised concerns with the DCI's investigation saying it has been marred by inconsistencies, and Wairimu's legal team has raised concerns about how the investigation was conducted. "The police made several unrestricted visits to Wairimu's home to question her but failed to secure the property as a crime scene," Murgor told the High Court in a petition. Wairimu's defense has also highlighted the political nature of the case. "We believe that there are individuals who have played a significant role in this case, and we demand to see the unredacted phone records of certain key figures," Wairimu's lawyer stated. Messy legal proceedings The tragic nature of Cohen's death has been compounded by the messy legal and investigative proceedings. "Prof Andrew Gachii, the pathologist appointed by our client, has faced difficulties in accessing the alleged scene of the crime," Wairimu said in the court papers. Wairimu's legal representatives point to the history of the case, which has been marred by delays and complications. According to court documents filed in the High Court, City lawyer Chege Kirundi presented a Will during the proceedings, claiming it was genuine and unsealed in 2019. This Will, which the DCI has not investigated, excludes Wairimu and designates Cohen's brother and Gabrielle van Straten as beneficiaries, citing the lack of children in their marriage. Kirundi argued that the Will should be upheld until Wairimu's murder trial concludes. "Our application is intended to have the cases filed by this fictitious person named Sarah Cohen struck out because there is nobody known by those names," Kirundi told the court. Two conflicting Wills emerged, and evidence implicating Wairimu has yet to be fully investigated, according to Wairimu's defense lawyers.

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