A Directorate of Criminal Investigations (DCI) officer claims that Court of Appeal Judge Sankale ole Kantai participated in the planning and cover up of the murder of Dutch businessman Tob Cohen.
John Gachomo, a senior assistant Inspector General of Police, claims that the judge and Sarah Wairimu, the wife to the late tycoon, met on various occasions to plan the murder.
It is alleged that Wairimu, the prime suspect in Cohen’s murder, was the Judge’s mistress.
According to Gachomo, the judge transferred shares of a company that was being run by Cohen from late Silas Itas’ to himself and later to Wairimu.
“That investigations further revealed that Cohen never instructed the judge to act for him or his company, hence transfer of the said share was unknown to Cohen,” read part of court documents.
“Cohen was murdered barely two days after the discovery of the fraudulent transfer involving the petitioner and Wairimu. The discovery of the fraud is the motive of Cohens death.”
The officer added that from July 17-19, 2019 when Cohen was expected to respond to the Registrar of Companies, communication between Sankale and Wairimu intensified.
“The petitioner portrays the late Tob Cohen as a client and close confidant who entrusted him with a share in his investment yet investigation by DCI found no evidence of contact or association between the petitioner and the Cohen,” court papers read.
Further, Gachomo also faulted the office of the Director of Public Prosecutions (ODPP) for terminating a case against Justice Sankale.
He accused the ODPP of illegally terminating investigations against the appellate judge who was cleared of the case.
“The DPP can only terminate criminal proceedings instituted by his office and not criminal investigations being undertaken by DCI while exercising its constitutional mandate,” court papers read.
In August, days after DPP dropped charges against him, Judge Sankale sued the police for arresting and linking him to the murder of Dutch businessperson without any evidence.
He argued that the shameful move grossly injured his reputation as a respected member of society and among his learned peers.
He argued that detectives unlawfully confiscated his mobile phone for three months and summoned him to the DCI headquarters at least 12 times, yet there was no evidence linking him to any wrongdoing.
Apart from psychological torture, Sankale argued that the unpalatable experience with DCI officers affected his career because he could not hear and determine cases involving the police without fear of intimidation.
He cited malice in his arrest, saying several of his constitutional rights were violated in the trial.