Nairobi — Sarah Wairimu, through her lawyer Phillip Murgor, has written to the Chiromo Funeral Parlour, objecting to attempts by her sister-in-law to have the body of Tob Cohen handed to her for burial.
In a letter addressed to the facility on Wednesday, Murgor stated that her client is entitled to claim the body without the need to get a court order to that effect. If anything, Murgor said, it is Gabriele Cohen who must get a court order to lay claim on her late brother's remains.
Wairimu said as Cohen's wife, she is the sole decision maker on when, how and where, his late husband should be buried.
The letter surfaced after reports that Gabriele indicated that she would want to have the body released and buried, before she can leave the country.
Wairimu however insists that she is the only person legally allowed to get the body.
"Our client remains the lawfully married wife despite the trumped murder charges she is facing, needless to say, she remains innocent until proven guilty," reads a section of the letter by Murgor.
The letter is copied to Director of Criminal Investigations George Kinoti and Director of Public Prosecutions Noordin Haji.
Murgor argues that it's only his client, Wairimu, who knows Cohen's wishes-before and upon death.
"We expect that the Kenyan authorities will enforce her legal rights," it reads.
It was not however clear whether Cohen's kin will seek injunction orders in court or not.
"Our client is fully aware of the wishes of her late husband, none of which includes being buried within the shortest time possible," Murgor, who addressed journalists outside the funeral parlour told Capital FM News.
Earlier Wednesday, a High Court directed that Wairimu be allowed to witness the autopsy on Cohen's body.
The exercise kicked off at 2pm on Wednesday, since prison authorities had to be served with the order and take her to the morgue.
The exercise was initially meant to be conducted on Tuesday but aborted after Murgor, acting on behalf of Wairimu, rejected the Government Pathologist on duty Dr Peter Ndegwa.
Ndegwa is said to have made some remarks at the alleged scene of crime, Cohen's Kitisuru home, that rattled them.
The incident happened on Friday last week when Cohen's body was found dumped in a underground water tank.
Chief Government Pathologist Johansen Oduor undertook the autopsy in the presence of his counterparts representing the Cohen's family and Wairimu- who was present-, lawyer's, a team from the Government Chemist and detectives including the Investigating Officer Maxwell Otieno.