The family of late Dutch tycoon Tob Cohen wants the Judicial Service Commission (JSC) to remove Justice Sankale ole Kantai from office.
In a petition filed by Cohen’s sister, Gabriel van Straten, the family wants the judge removed over gross misconduct.
“The investigations carried out by the DCI linked the judge to the murder of the late Cohen,” reads the petition.
Through lawyer Danstan Omari, Ms Straten argues that the judge could have had a hand in her brother’s death, as was evident in the investigating officer’s testimony.
Read: ODPP Never Received Evidence Linking Justice Sankale Kantai To Tob Cohen’s Murder
She also noted that the judge erred by getting involved with a married woman, Sarah Wairimu Cohen.
“Booking and checking into a hotel room at the Acacia hotels Kisumu with the said Sarah and spending two nights together,” she argues.
Further, Ms Straten argues that justice Kantai was wrong for assisting Cohen’s widow write and edit her statement under inquiry regarding the disappearance of her brother.
“This amounted to an abuse of the office of judge as he evidently was interfering with active police investigations and was an accessory to the fact of murder,” the petition reads.
Read Also: Late Silas Ita’s Widow Seeks Inclusion in Justice Sankale’s Case
She also accuses the appellate judge of advising the murder suspect procure a fake power of attorney in February 2019.
“I believe the action of the judge to draft the witness statements for the accused persons, Sarah Wairimu as evidenced by their email correspondence is a breach of the clause and should occasion the removal of the judge,” she says.
She also alleges that the judge who has since obtained orders barring his arrest and prosecution, violated clause 5(5) that bars him from making comments on a matter that is likely to come before him.
The Cohen sister claims the Justice Kantai edited and coached Sarah on her statement under inquiry with a view of corruptly affecting the outcome of the trial in which she is charged with murder.
“Considering the nature of the accusations facing the judge, it is clear that the public will lose the confidence and the respect of the office of the judge of he is allowed to continue to be in office,” she says.
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