Court of Appeal Judge Sankale Ole Kantai has moved to court seeking block Director of Criminal Investigations from rearresting him over the murder of Dutch tycoon Tob Cohen.
In his court documents, the judge seeks a temporary injunction restraining Inspector General of Police and DCI George Kinoti from rearresting or charging him in court on the matter arising from the murder investigations of Tob Cohen without the express permission of Director of Public Prosecution.
Through lawyer Peter Wanyama, the judge claims that the DCI wants to arrest him on matters that DPP Haji has already considered closed. However, the DCI says he has enough evidence to charge the judge.
According to Kantai, his apprehension is based on a replying affidavit by senior DCI officer John Gachomo which indicates he will be charged with offence of forgery and fraudulently transfer of shares.
“The DPP reviewed and found no evidence against me but the DCI appears to be strongly motivated and believes I must be arrested and charged in matters that are speculative, uncorroborated, premised on hearsay evidence, assumptions, suppositions and what ifs,” argued Kantai
The judge argued that by the DCI indicating he will arrest him on the matters he had been cleared, DCI is acting rogue and setting a dangerous precedent in the administration of justice in the country and must be stopped by the court in the interim.
He further states that “from the hugely problematic averments in the replying affidavit of John Gachomo, it is patently clear that the DCI has gone rogue and his statement that he can arrest and charge suspects in court without involvement of the prosecution is singularly incorrect and disappointing.”
Cohen’s widow Sarah Wairimu is the primary suspect and is currently facing murder charges alongside her co-accused Peter Karanja. The Dutch national was found dead in an underground tank at his palatial home almost two months after he went missing.