The High Court has barred the Inspector General of Police Hillary Mutyambai and Director of Criminal Investigations George Kinoti from arresting or charging Court of Appeal Judge Sankale ole Kantai over the murder of Dutch tycoon Tob Cohen.
Justice Antony Mrima on Tuesday, September 28, issued a temporary injunction restraining both DCI Kinoti and IG Mutyambai from arresting Judge Sankale and charging him in court on matters arising from the murder investigations of Cohen without the express and written permission of the DPP.
The court added that the application would be heard together with the petition filed by the judge.
Judge Sankale was also directed to file any supplementary affidavits and submissions within 21 days.DCI Boss George Kinoti Addresses Guests and the Press During the Ceremony at the DCI Headquarters in Kiambu on June 22.
The same orders were issued to the DCI and IG who were listed in the case as first and second respondents respectively.
"Pending hearing and determination of the Application interpreted, a temporary injunction is issued restraining the respondents from re-arresting the petitioner and charging him in court on matters arising from the murder investigations of Tob Cohen without the express and written permission of the DPP," the judge ordered.
In the petition filed by city lawyer Peter Wanyama, the appellate judge argued that the DCI had in February 2020 raided Sankale's house with six vehicles and arrested him without any cogent reasons.
He added that his team had gathered information that DCI wanted to arrest the judge again based on an affidavit by senior DCI officer John Gachomo
"DPP reviewed and found no evidence against him but the DCI appears to be strongly motivated and believes he must be arrested and charged in matters the judge terms as speculative, uncorroborated, premised on the hearsay evidence, assumptions, suppositions and what-ifs," Wanyama submitted.
Sankale had on Monday, September 27, responded to claims raised by the DCI lead investigator.
He accused DCI and IG of contravening orders set by the DPP.
"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 claimed that the judge held several meetings with Sarah Wairimu at different places, locations and dates to plan her husband's murder.DPP Noordin HajiFilemurder arrest
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