The family of the late dutch businessman Tob Cohen has filed an application to be enjoined in the succession case filed by his widow Sarah Wairimu.
The matter is slated for inter-partes hearing on the 10th February, 2020 where the court will give further directions concerning the property of the deceased, particularly a house built on Farasi Lane, LR 2951/449 measuring 0.3162 hectares.
The relatives, Gabriel Hannah Van Straten, Sharon Cohen and Seth Van Straten are blood relatives of the late tycoon who was brutally murdered in cold blood last year.
Through lawyer Danstan Omari, the three intended interested parties claim that no party will suffer any prejudice if this humble application for joinder is allowed in the manner it has been prayed.
Gabriel states in her affidavit that she is the blood sister of the deceased herein, well aware of the sudden demise of his brother whose remains were discovered on the 13th September, 2019 in an underground water tank and the subsequent charging of the applicant Sarah Wairimu Kamotho to answer to the murder of my brother in criminal case no.60 of 2019.
Wairimu is charged alongside one Peter Karanja with the murder.
She also states that it is within her knowledge that the applicant, Sarah Wairimu Kamotho was at one time married to the deceased and is reasonably seeking to benefit from the said estate.
The deponent further says that before the sudden disappearance and subsequent demise of the deceased, he had executed a will through which he expressed his desire to have his estate shared amongst the three.
“Consequently, the intended interested parties herein have an identifiable stake in the estate of the deceased and to enjoin them in this proceedings will breathe life to the constitutional dictate of allowing access to justice to all persons,” says Gabriel.
According to her, his will bequeathed to her and the other two interested parties his property including the house he had worked hard to build located on Farasi Lane, LR 2951/449 measuring 0.3162 hectares in Mugomoini Close Nairobi.
It is further stated that in the view of the will that bequeathed the estate of the deceased to his relatives enjoined herein, it would serve the better administration of justice to enjoin them (the intended interested parties) to this suit as they have arguably an identifiable stake or interest in the estate of the deceased.
“Unless this application is heard and orders prayed herein granted, then the intended interested parties interests will be heavily prejudiced,” says Omari.
Omari had been acting for the late Cohen even before his death when he filed several complaints to the police against his wife on threats to his wife.
However, no action was taken until his disappearance mid last year.