Court of Appeal Judge Sankale ole Kantai on Monday, September 27, responded to claims that he actively participated in the planning and cover up of the murder of businessman Tob Cohen.
This is after John Gachomo, a senior assistant Inspector General of Police based at the Directorate of Criminal Investigations (DCI) headquarters, alleged that Kantai had several meetings with the prime suspect in the murder, Sarah Wairimu (Cohen's wife).
In an application through his lawyer, Sankale threatened to bar Inspector General of police Hillary Mutyambai, DCI boss George Kinoti or any of their agents from arresting him in connection to the murder case.
Further, the judge accused the two bodies of going rogue and acting in contravention with the decision of the Director of Public Prosecution.
"What is more intriguing and probably a manifestation of an institution whose leaders have gone rogue, the 2nd respondent wants to arrest the petitioner on matters that the DPP has already considered and closed," the judge argued through his lawyer.
In his testimony, Gachomo stated that the judge contravened several meetings with Wairimu at different places, locations and dates to plan the murder.
He added that Cohen was not aware that the judge had fraudulently transferred the late Silas Itas’ share to himself and later to Sarah Wairimu.
"Cohen never instructed the judge to act for him or his company, hence the transfer of the said share was unknown to Cohen."
Through court documents, the DCI is blaming agents and officers at the Office of the Director of Public Prosecutions (ODPP) for allegedly trying to illegally and unconstitutionally terminate the investigation.
“The DPP can only terminate criminal proceedings instituted by his office and not criminal investigations being undertaken by DCI while exercising its constitutional mandate,” reads court papers.
On the other hand, the family of the late Cohen announced plans to sue the Director of Public Prosecutions Noordin Haji.
Their lawyer Danstan Omari, told the press that there was evidence that Cohen was killed by prominent persons who the DCI recommended for prosecution but had not been charged.
