The family of late Dutch businessman Tob Cohen has petitioned the Judicial Service Commission seeking to remove Justice Sankale ole Kantai from office.
The petition comes after activist Okiya Omtatah filed a similar petition before the JSC.
In the filed petition, Tob Cohen’s sister Gabriel Hannah Van Straten, argued of corruption, gross misconduct, misbehavior, interference with judicial independence and the breach of judicial code of conduct and ethics as solid grounds to relieve Justice Sankale of his public duties.
“…be pleased to order the immediate removal from office of judge Sankale Ole Kantai from discharging, executing in any manner involving himself in any judicial function contemplated under the constitution,” read part of the documents.
She argued that the judge has exhibited gross misbehaviour evidenced by the engaging in an extra-marital affair with Sarah, a married woman, while being a married man.
Straten alleges that the judge booked and checked into hotel room no.405 at the Acacia hotel Kisumu with Wairimu and allegedly spent two nights together.
“Booking and checking into a hotel room at the Acacia hotels Kisumu with the said Sarah and spending two nights together,” she stated.
Further, she argues that the judge destroyed evidence of their involvement in the murder of her brother Cohen between 20th July and August 28th via WhatsApp, phone calls and planned meetings.
She says investigations by the Director of Criminal Investigations (DCI) have linked the judge to the murder of her brother.
“A response filed by investigations officer John Gachomo laid bare the extent of the involvement and illegal and fraudulent dealings of the judge and his possible culpability in the murder of my brother,” She said in her petition to JSC.
On his part, Omtatah asked the commission to probe the judge over the Dutch tycoon’s murder saga.
Omtatah said that the revelation that the judge fraudulently transferred shares of the late Silas Ita’s share in Tobs Limited to himself on April 29, 1999, and that he later transferred the same share to Wairimu on May 2, 2002 was serious allegation amounting to gross misconduct.
He claimed the affidavit filed by the DCI in the High court had demonstrated that Sankale obstructed police investigations into the murder of Cohen by, among other actions, editing or rewriting Wairimu’s statement to the police regarding the disappearance of Cohen and facilitating her preferential treatment by the courts.
“The actions of the learned Judge constitute a subversion and defilement of the Constitution, a threat to the rule of law and constitutional order and is in a breach of the oath of office the learned Judge took to protect, administer and defend the Constitution with a view to upholding the dignity and respect for the Judiciary and the judicial system of Kenya,” Omtatah says.