Cohen murder trial: Fresh details reveal troubled, violent marriage

Dutch tycoon Tob Cohen and his wife, Sarah Wairimu Kamotho. [File, Standard]

Fresh details have emerged on what allegedly preceded Tob Cohen’s death, with court testimony laying bare bitter disputes over property documents, divorce proceedings, alleged assaults and conflicting accounts that followed his disappearance.

For months before the Dutch tycoon was killed, his troubled marriage to Sarah Wairimu had increasingly drawn the attention of police, while their dispute over property and the breakdown of their relationship played out both at home and in court.

The emerging news revelations came out at the Kibera High Court yesterday, where a former employee and two senior police officers separately described incidents involving the couple before Cohen disappeared in July 2019.

Former gardener and housekeeper Chrispinus Chehemi told Justice Diana Kavedza that his first encounter with the couple came in November 2018, when he was hired to work at their Nairobi residence.

Led in evidence by State prosecutors Sarah Ngweno and Christine Timoi, Mr Chehemi said he began work at Wairimu's residence on November 7, 2018, and was given Sh3,000 in advance on a verbal agreement of Sh12,000 monthly.

He later combined gardening with housekeeping on Wairimu’s advice.

Chehemi said Wairimu’s daughter held a traditional and private Christian wedding on December 22, 2018, and it was during the ceremony that he noticed the couple were unhappy and appeared to have differences.

Two days later, on Christmas Eve, Wairimu travelled with her daughter and visitors from abroad, while Cohen remained behind.

The witness said the first open clash he witnessed involved a safe in the master bedroom.

Cohen called him after Wairimu had travelled and directed him to carry the safe outside and open it.

Chehemi refused to break into it, prompting Cohen to call another man with a drill.

The man broke open the safe and was paid Sh20,000 in cash.

The witness said the safe was eventually opened and Cohen was heard saying, “I got what I wanted.”

Former gardener and housekeeper Chrispinus Chehemi testifies in the Tob Cohen murder trial. [Courtesy]

According to Chehemi, Cohen then entered the house with documents in hand.

He later reported the incident to Wairimu, who allegedly told him she had the code to the safe and suggested that Cohen wanted to obtain land documents to sell property.

The court heard that Wairimu then instructed Chehemi and another employee, known as Mr Sammy, to access the main house, retrieve the documents recovered from the safe by Cohen and hide them for her.

Minutes later, two men who identified themselves as police officers from Spring Valley Police Station arrived and arrested Chehemi over failure to obey his boss's orders to break the safe.

He said he was taken to the station, where Wairimu arrived at about 10 pm and tried to secure his release.

He was released on free bond on Christmas Day and ordered to report to the police three days later.

He was informed that he had been arrested over an alleged disturbance at Cohen’s house and was dismissed from his work.

On December 28, Chehemi honoured the summons and Wairimu also attended as statements were recorded, although Cohen, the complainant, did not appear.

The witness was later rehired by Wairimu in January 2019, but said when he returned to Cohen's residence the relationship between the couple had become increasingly hostile.

He said Wairimu complained that Cohen no longer ate her cooking, with Cohen instead buying or preparing his own food.

Chehemi described a confrontation on February 8, 2019, when at about 10 pm he heard Cohen shouting, “You are killing me” several times.

He then saw Cohen on the floor near the stairs, with Wairimu allegedly holding a chair over him. Wairimu told him not to come closer.

During the confrontation, Cohen, who was drunk, was hit by a flower vessel and he pulled Wairimu’s dress, which tore, leaving her in only a panty.

Chehemi said he saw Cohen bleeding from his face before and after the confrontation, and he urged him to take photos using his phone, a request Wairimu objected. 

He also told the court that Cohen once accused him of failing to intervene when Wairimu was allegedly assaulting him.

“Stupid... You did not help me when Wairimu was beating me,” Cohen allegedly told him.

On March 27, 2019, Cohen drafted a letter directing Chehemi to leave immediately, or he would call the police.

The witness signed the letter, was paid his full salary and left.

Chehemi returned to work in late July 2019 after receiving a call from Wairimu, who told him that the couple had resolved their differences, with elders having talked to elders and that her husband had travelled abroad for treatment.

He told the court that he believed her.

But on his return, he found the house had changed.

The sofas were dirty and torn. In Cohen’s bedroom, the bed was not made and the mattress had only its cover.

A red briefcase was missing, as were some clothes and shoes. Their arrangement, he said, gave the impression that Cohen had gone on safari.

“I was convinced that he had travelled abroad for treatment as informed by Wairimu,” he told the court.

The household also received a letter from Cohen’s lawyers concerning divorce proceedings he had filed days before his death.

Chehemi said staff did not open the letter after being told it concerned the divorce.

He said Wairimu appeared restless, while police officers visited the home in cars and on foot but were told not to open the gate for them.

Four days later, he travelled for the burial of a close relative and, while away, learnt through a friend, television and newspapers that Cohen was missing and that his body had been found in a septic tank at the compound where he had worked.

Chehemi also revealed that after Wairimu was arrested, he received a strange call from her asking him to return to the residence and take care of it because she was in custody.

He confirmed to the court that he declined the request.

The witness later recorded three statements with detectives, including one at DCI headquarters.

The former employee’s account was followed by testimony from two police officers, who told the court that Cohen had reported incidents involving Wairimu before his death.

Testifying before Justice Kavedza, Makueni DCIO Joseph Maina said police went to the Spring Valley home on July 19, 2019, after Cohen reported that Wairimu had assaulted him.

Then stationed at Parklands Police Station, Maina said he accompanied four officers to arrest her.

“We met Cohen, who had dressed in blue jeans, a shirt and a coat,” he said.

Cohen directed them to Wairimu’s bedroom, which was locked from inside.

“I personally tried to knock on the door and Sarah declined to open,” Maina said.

The officers left without arresting her.

The visit was recorded at Parklands under OB 37/19/7/2019 at about 3.45 pm, while the officers booked out under OB 41/19/7/2019 at 5.05 pm.

Under cross-examination by Wairimu’s lawyer, Maina, an Assistant Superintendent of Police with more than 20 years’ service, named PC Moses Nbalwe as the investigating officer who had more details about when the alleged assault had happened.

Asked why the arrest was abandoned, he said: “My decision to abandon the arrest was mine after even Cohen saw we tried in this matter to arrest the suspect Wairimu.”

He said he believed Wairimu had declined to honour a summons.

PC Stanley Kanyile, now attached to Nakuru County headquarters, also described a distress call he received on the same day.

He found Cohen with three men in civilian clothes, whom Cohen identified as relatives.

“One lady who had locked herself inside the house confirmed to have domestic issues with Cohen. She was communicating through the window,” he said.

Kanyile said Cohen confirmed that he had been assaulted by Wairimu.

When she eventually emerged, she identified Cohen as her husband and said the three men were her relatives who had come to help resolve the dispute.

The officer said he advised both parties to report the matter at the appropriate police station.

The prosecution alleges Cohen was killed before his body was found in an underground water tank at his Kitisuru property.

Wairimu has denied the murder charge.

The trial continues before Justice Kavedza.