Court removes DPP Haji, Kinoti from Cohen succession case

Sarah Wairimu, widow of Dutch billionaire Tob Cohen, suffered a blow on Monday as the High Court removed DPP Noordin Haji and DCI George Kinoti from her succession case.

Justice Lydia Achode said the Director of Public Prosecutions and the Directorate of Criminal Investigations have no interest in the Cohen estate as they are holding the property as a scene of crime amid investigations into his murder.

"I find that the DPP and DCI cannot be enjoined in the suit because they are not dependants of the deceased," said Justice Achode.

She ruled on an application by Mr Haji for him and Mr Kinoti to be removed from the case in which they had been listed as respondents.

WAIRIMU'S CASE

Ms Wairimu wanted the DPP and DCI retained for their refusal to hand her part of the estate.

Through lawyer Philip Murgor, she told the court that they illegally seized her matrimonial home, registration LR No.2591/499, on Farasi Lane at Mugumoini Close in Lower Kabete.

She said they seized the property under the guise of ongoing investigations, alleging that it was a crime scene.

“All samples that the ODPP and DCI require have been taken, and countless photographs and video recordings made to ensure competent production of relevant evidence, if any, at the criminal trial, hence there is no need for further retention of the matrimonial home,” Mr Murgor said.

DPP'S APPLICATION

The DPP had sought to be allowed to leave the succession case saying his office does not handle such matters.

The court heard that the matrimonial home is an active scene of crime and that the ODPP has not placed a caveat on the land.

Following the ruling, the court allowed Mr Murgor's application for execution of the judgment to be suspended pending filing of an appeal within 60 days.