Activist Omtatah asks JSC to probe Judge Sankale after being linked to Tob Cohen’s murder

Activist Okiya Omtatah has petitioned the Judicial Service Commission (JSC) to investigate Court of Appeal Judge Sankale Ole Kantai.

In the petition filed yesterday, Omtatah urged the commission to remove Sankale from office citing gross misconduct on the alleged revelation that the judge fraudulently transferred shares of the late Silas Ita’s share in Tob Cohen’s Limited to himself on April 29, 1999.

This included, among other actions, editing or rewriting Sarah Wairimu’s statement to the police regarding the disappearance of Cohen and facilitating her preferential treatment by the courts.

“It is beyond no reasonable cloud of doubt that his (Sankale) actions amount to gross misconduct and misbehaviour to the extent that it constitutes his failure to uphold the rule of law,” reads the petition.

“The JSC be pleased to initiate the necessary actions for the removal of Sankale for breach of the oath of office and gross misconduct and/or misbehaviour incompatible with his stature.”

The activist claims the  affidavit filed by the Directorate of Criminal Investigations  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.

According to Omtatah, the actions of the 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,” read the affidavit.

Last week, the Judge obtained court order barring the Inspector General of police Hillary Mutyambai and the Director of Criminal Investigations George Kinoti from arresting or charging him over the death of Cohen.

In an application through his lawyer Peter Wanyama, the judge accused the IG and the DCI boss of going rogue and acting in contravention with the direction of the Director of Public Prosecutions (DPP).

A DCI officer claimed that Sankale participated in the planning and cover up of the murder of the Dutch businessman.

John Gachomo, a senior assistant Inspector General of Police, claimed that the judge and Wairimu met on various occasions to plan the murder.