Lawyer Danstan Omari was on, Wednesday, April 19, disqualified from Tob Cohen's murder case over a conflict of interest.
In a ruling delivered by High Court Judge Hedwig Ongudi, Omari was barred from the case alongside Shadrack Wambui and all other advocates practising in the name of Musyoki Mogaka and Company Advocates.
"This honourable court be pleased to order that Danstan Omari, Shadrack Wambui and all other advocates practising in the name of style Musyoki Mogaka and Company advocates, to be hereby disqualified from representing the 4th respondent (Sarah Wairimu Kamotho) or any other party in this matter," Justice Ongudi ordered.
The advocates were disqualified over a conflict of interest after the High Court observed that Omari was actively involved in investigating Cohen's murder.
Additionally, the ruling indicated that the outspoken lawyer was conflicted given that he was a potential witness.
"It is further stated that the two advocates (Danstan Omari and Shadrack Wambui) are conflicted in this matter as they are potential witnesses in the murder case," the court documents read in part.
The ruling followed a petition filed by Sarah Wairimu Cohen on Tuesday, March 28, challenging Omari's credibility in the case.
Through Murgor and Murgor advocates, Cohen filed affidavits and statements demanding the lawyers to be expunged from the suit.
"The said Danstan Omari had participated in a vicious media campaign following the institution of divorce proceedings between the applicant (Wairimu) and the deceased (Cohen), in which there was a sustained attempt by the deceased, Omari and Wambui to propagate a narrative that she was harassing and denying the deceased his conjugal rights, over the dispute on the ownership of their jointly owned matrimonial property.
"That whereas the choice of counsel is a prerogative of any party, an advocate in discharging his duties, must keep in mind that he owes allegiance to a cause higher than serving the client's interests, which is the cause of justice and truth," the petition reads in part.
On Tuesday, April 18, Omari told Kenyans.co.ke that the petition was filed against him, but he had not received a copy of the ruling.
"I have not received the ruling because I was not in Nairobi. But the petition was indeed filed," he stated.
An insider privy to the case, nonetheless, argued that Omari will not appear in several petitions in which DPP Haji and Justice Kantai sued the Judiciary Service Commission (JSC), Public Service Commission (PSC) and the Directorate of Criminal Investigations (DCI).
The Alleged Murder
The Dutch tycoon was reportedly murdered, and his body was found dumped in September 2019. Detectives launched investigations arresting his wife as one of the suspects.
Former Director of Criminal Investigations George Kinoti led other detectives to comb the area in search of evidence to unravel the murder.
However, a former lead investigator accused Kinoti of coercing him to sign a fake affidavit incriminating Sarah Cohen with a sinister motive of covering up the murder. Cohen, based on the new evidence, urged the Director of Public Prosecution (DPP) Noordin Haji to commence fresh investigations into the case.
Cohen, through her lawyer, Philip Murgor further wanted the murder charges dropped. A conclusive ruling on the case is yet to be issued.
