The High Court in Kibera has heard chilling testimony from former Gatundu North MP Patrick Kariuki Muiruri, who says his longtime friend, Dutch businessman Tob Cohen, feared for his life during their final telephone conversation days before his disappearance in July 2019.
Testifying on Monday, October 12, Muiruri told Justice Diana Kavedza that Cohen had warned him to identify his wife, Sarah Wairimu, if anything happened to him.
According to Muiruri, the businessman was distressed by escalating marital disputes and believed police had failed to protect him despite earlier complaints involving alleged assault.
“PK, PK, if anything bad happens to me, if I’m found dead somewhere, tell them it’s Sarah behind it,” Muiruri recounted Cohen as saying.
The former legislator said the conversation lasted approximately 15 to 20 minutes and was the last time he spoke to Cohen.
The testimony forms part of the prosecution’s case against Wairimu, who is charged with her husband’s murder. The allegations presented by witnesses remain subject to scrutiny in court, and the accused is entitled to the presumption of innocence.
A final conversation marked by fear
Muiruri told the court that Cohen contacted him on the evening of July 19, 2019, amid tensions at the couple’s home.
According to his account, Cohen said officers had gone to the residence to arrest Wairimu over an assault complaint but left after she allegedly locked herself inside. He also described another encounter involving officers from Spring Valley Police Station, whom Cohen reportedly believed had failed to act against his wife.
Muiruri said Cohen was afraid of returning home and felt that the police response had left him vulnerable.
The former MP testified that he tried to reassure his friend, hoping that the situation would not end in tragedy.
He told the court that he had known Cohen for nearly three decades and that the businessman had previously confided in him about difficulties in his marriage.
The account places Cohen’s reported fears at the centre of the latest proceedings, offering the court a witness’s recollection of his state of mind shortly before he disappeared.
Marriage disputes and property allegations
Muiruri further testified that Cohen had discussed plans to divorce Wairimu, citing prolonged marital problems and disagreements over property.
The former MP said Cohen had complained that title deeds had been taken and alleged that money belonging to their company, Kenya Gold Safaris Travel Limited, had been misappropriated to finance a hotel project in Nanyuki.
These claims were presented as part of Muiruri’s testimony and have not, by themselves, established criminal responsibility for Cohen’s death.
The witness also described an alleged assault incident, saying Cohen had shown friends a video in which he appeared injured, with blood on his face and broken glasses.
Muiruri recalled another confrontation at a family wedding in December 2018, where he said Wairimu and Cohen had argued publicly over the event and the home in which it was held.
Together, the accounts portray a marriage that, according to the witness, had deteriorated significantly before Cohen’s disappearance.
Earlier assault complaint raises questions about police response
Muiruri’s testimony comes against the background of earlier evidence concerning Cohen’s attempts to have an assault complaint investigated.
On October 1, the court heard from Inspector Moses Mbalwe, who testified that Cohen reported an alleged assault at Parklands Police Station on February 13, 2019.
Mbalwe said Cohen had an injury on his forehead and provided treatment notes. According to the officer, Cohen initially asked police not to arrest his wife immediately but later requested that action be taken.
The officer testified that Wairimu was summoned but did not appear. He also told the court that police received a letter purporting to withdraw the complaint on July 22, three days after Cohen was last seen alive.
Mbalwe said he attempted to contact Cohen to verify the withdrawal but could not reach him.
The evidence raises questions about how the complaint was handled and the difficulties investigators encountered in the days surrounding Cohen’s disappearance. It does not, on its own, determine who was responsible for his death.
Disappearance followed by discovery of body
Cohen was last seen in July 2019. His disappearance triggered an investigation that culminated in the discovery of his body concealed in a septic tank at his Kitisuru residence in Nairobi in September that year.
The circumstances of his death became the subject of a high-profile criminal investigation and subsequent murder proceedings against Wairimu.
During the latest hearings, the prosecution has continued presenting evidence intended to reconstruct Cohen’s final movements and establish the circumstances surrounding his death.
Witnesses have previously described his movements at entertainment venues on the night he disappeared, while investigators have testified about the earlier assault complaint and their efforts to trace him.
On October 12, government analyst John Kimani Mungai also presented forensic exhibits, including clothing attributed to Cohen and a plastic bag reportedly recovered in connection with the concealment of his body.
The prosecution is relying on witness accounts and forensic material as it seeks to establish its case.
Former MP says he reported murder, not a missing person
Muiruri told the court that he became suspicious when he learnt that Cohen had disappeared and heard claims that the businessman was receiving medical treatment in Bangkok, Thailand.
He said he eventually went to the Directorate of Criminal Investigations (DCI), not simply to report a missing person but because he believed Cohen had been killed.
The former MP’s account reflects the suspicion that developed among Cohen’s acquaintances after they lost contact with him.
However, a witness’s belief about what happened is distinct from evidence establishing the circumstances and responsibility for a killing. Those questions remain for the court to determine after considering the full evidence.
Trial continues as prosecution presents evidence
The latest testimony adds another layer to a case that has drawn sustained public attention because of the circumstances surrounding Cohen’s death and the allegations of marital conflict preceding it.
For the prosecution, Muiruri’s account provides evidence of Cohen’s reported fears and the relationship tensions he had discussed with a longtime friend.
The defence, meanwhile, is entitled to challenge the reliability, interpretation and relevance of the evidence as the proceedings continue.
The High Court is expected to hear further prosecution witnesses as it examines the events leading to Cohen’s disappearance and death.
Ultimately, the court will have to assess the testimony alongside the forensic evidence and other material presented by both sides before reaching a determination.
For now, Muiruri’s account of the final phone call stands as a significant part of the prosecution’s narrative: a recollection of a businessman who, according to his friend, feared for his safety shortly before he vanished.
