Court of Appeal judge Sankale Ole Kantai now wants the court to bar the Inspector General of Police, the Director of Criminal Investigation (DCI), or any of their agents from arresting him in connection with the murder of Tob Cohen.
In an application through his lawyer, Judge Ole Kantai has accused the IG and DCI of going rogue and acting in contravention with the decision of the Director of Public Prosecution (DPP).
The DPP dropped the case against Ole Kantai saying there was no evidence to support a criminal case against the Appellate judge. But the DCI insists that the judge participated in the plot to kill Tob Cohen.
Through lawyer Walter Wanyama, Judge Sankale is questioning the motive of the DCI saying: “What is more intriguing and probably a manifestation of an institution whose leaders have gone rogue, the 2nd respondent wants to arrest the petitioner on matters that the DPP has already considered and closed.”
According to Sankale Ole Kantai, the evidence presented by the DCI was based on matters the DPP had already issued a decision on.
“The petitioner has the legitimate expectation that he won’t be arrested and harassed again by the 2nd respondent,” submits the judge.
The judge is now seeking court orders that pending the hearing and determination of the application, that a temporary injunction be issued barring his arrest or prosecution.
Director of Public Prosecutions (DPP) Noordin Haji has maintained that there was no sufficient evidence to prefer charges against key suspects in the murder of Tob Cohen.
In a statement to newsrooms, DPP Haji refuted claims that he failed to charge key suspects, among them Judge Sankale Ole Kantai.
“In respect of investigations into the involvement of Honourable Justice Sankale Ole Kantai, upon a thorough perusal of the inquiry file and analysis of the evidence, the ODPP was satisfied that, there was no sufficient evidence at that time to prefer charges against the said suspect unless additional evidence was made available to warrant a review of the said decision,” said the DPP
“This decision was communicated to the DCI.”
However, in respect of the investigations into the involvement of Sarah Wairimu Kamotho and Peter Njoroge Karanja, the ODPP was satisfied that there was sufficient evidence to charge the two suspects with the murder of Tob Cohen.
DPP Haji further says should additional incriminating evidence against any suspect be gathered and made available, a decision shall be made including reviewing the earlier decision.
The criminal case is pending hearing before the High Court.
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