While testifying in the succession case on Monday, Cohen’s sister Gabriele Van Straten told court that he did the procedure when he was 27 years old.
Gabriele told Justice Thande that when Cohen moved to Kenya in 1987 he was married to a Dutch wife and they didn’t want to have children.
While being led in her testimony by lawyer Danstan Omari, Gabriele said Cohen moved to Kenya to work for Phillips, which later closed shop.
According to Gabriele, Cohen loved Kenya so much that he decided to start a business in Kenya in the golf industry.
She also told court that after his brother divorced his Dutch wife who is now also dead, he got into a relationship with another Dutch woman then later got together with Sarah Wairimu.
In her testimony, she said Cohen was forced to get married to Wairimu.
Gabriele said according to her late brother the wedding was done at Sarah’s parents’ house.
She claimed that her brother told her that he had to do a rushed wedding so that he could safeguard his property in Kitusuru.
Gabriele also said Cohen bought the land on Farasi Lane where his house was in the year 2000 before he got married to Sarah in 2007.
It was her further evidence that Cohen began developing the house in 2003 or thereabouts and he completed it in 2009.
“It took a while for my brother to finish his house because he never wanted to take a loan but he built it with his own money from start to finish,” she said.
On the alleged disputed will, Gabriele said that on April 30, 2019, her brother wrote her an email telling her that he had left an original will with lawyer Chege Kirundi.
Part of the email allegedly read, “If Sarah kills me now, the will is with lawyer Chege Kirundi.”
She further said that six days after her brother’s body was found the will was opened on September 19, 2019, at Kirundi's office.
Those present during the reading of the will included Gabriele, her husband Roy, her elder brother Bernard Cohen and former MP Patrick Muiruri.
Gabriele defended the presence of Muiruri at the reading of the will, telling court that he was a family friend.
“When we first came into the country to look for my missing brother then, we found Muiruri who helped us a lot because we did not know anyone in Kenya,” she said.
According to her testimony, her brother had left her 50 per cent of his house and her son got 25 per cent and another 25 per cent was left for Bernard Cohen’s daughter.
She told court that Sarah did not get anything from the will that was read to them on that day.
When asked in cross-examination why she did not attend the burial of her brother, she said her son’s wedding in Netherlands was in the same week.
Gabriele said the will had been read on a Friday and they left Kenya the next Tuesday.
She also denied claims that she was just after the wealth left behind by her brother, saying she came to look for her brother.
Earlier in the day, Gabriele confirmed to lawyer Phillip Murgor that she indeed gave the story about looking for justice to the Star.
Murgor presented to court an article published by the Star on Monday in which Gabriele and her husband Roy Van Straten had given an interview to the paper.
He asked her to confirm if indeed she said she wants justice for her brother before she dies.
She confirmed that it was indeed true that she gave the interview.
Gabriele further said that as a couple they have spent 180,000 euros (about Sh22 million) in expenses while seeking justice.
“I have evidence of that and I can produce them if the court wants but the receipts are in Netherlands. The expenses were for paying lawyers, plane tickets, accommodation and food” she said.
In the case, Sarah has challenged the will that was opened by lawyer Kirundi Chege after Cohen’s death.
She wants the court to give her the matrimonial property, saying it was their home with her late husband.
Sarah also said that she is innocent and her sister-in-law wants to take away the property from her.
She said that the will read by Kirundi is fake, claiming she is the one who has the real will left by her husband.
According to the will read by Kirundi, Cohen gave his Sh450 million matrimonial home that has been the centre of the dispute to his sister Gabriele and his nice and nephew.
The case proceeds tomorrow with Gabriele expected to continue being cross-examined.
(edited by Amol Awuor)
“WATCH: The latest videos from the Star”
