The late Dutch billionaire Tob Cohen’s sister, Gabrielle van Straten, has filed an application seeking to have the Director of Public Prosecutions, Noordin Haji, ousted from office over the alleged mishandling of her brother's murder case.
Through an application by lawyer Danstan Omar, the Cohen's sister is seeking to be enjoined in the case where Court of Appeal Judge, Sankale ole Kantai, sued the Director of Criminal Investigations, George Kinoti, and Inspector General of Police, Hillary Mutyambai, seeking to block his arrest.
In the application filed before High Court Judge, Anthony Mrima, on Wednesday, September 29, Straten is accusing DPP Haji of being a stumbling block in their quest for justice by failing to charge Justice Sankale.
"That it is increasingly becoming clearer to me and the entire world that the Office of the Director of Public Prosecution has some sacred cows and thus the resistance to prosecute the petitioner herein who is not only linked to the murder of my brother, but also is painted by the available evidence to have had ex-marital affairs with my sister-in-law (Sarah Wairimu Kamotho) during the lifetime of my late brother," part of Straten's petition reads.
According to lawyer Omar, the same evidence against Wairimu should be applicable in the prosecution of Justice Sankale.
The petition goes on to state that the DPP has been changing the prosecutors who have no idea on the progress of the case.
"The Director of Public Prosecution has thus far mishandled the prosecutions of the murders of my late brother by either changing the prosecution counsel that were initially prosecuting the murders of my late brother by either changing the prosecutors were prosecuting the matter or consequently causing the delay in the conclusion of the matter currently before the criminal division," the petition read.
The family further accuses the DPP of locking them out from responding to some of the issues raised in the case.
However, DPP Haji has maintained that he will only respond to the family through the right legal channels.
Justice Antony Mrima on Tuesday, September 28, issued a temporary injunction restraining both DCI Kinoti and IG Mutyambai from arresting Justice Sankale and charging him in court on matters arising from the murder investigations of Cohen without the express and written permission of the DPP.
"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.
The order gave Justice Sankale immunity after he was dragged into the murder case by senior DCI officer, John Gachomo, in his testimony to the court.
In the affidavit, Gachomo claimed that the Judge held several meetings with Sarah Wairimu at different places, locations and dates to plan her husband's murder.
