The family of the murdered Dutch tycoon Tob Cohen wants to be included in a petition by Justice Sankale ole Kantai in which he sought orders to stop his arrest.
The family, through Cohen’s sister Gabriel Hannah Van Straten, says it’s important that the family be made part of the proceedings in which the judge has obtained orders to stop his arrest and possible prosecution for the murder.
Gabriel, through lawyer Danstan Omari, claims that Justice Kantai, having been previously arrested by officers from the Directorate of Criminal Investigations, was questioned; made a statement; and after careful analysis, a recommendation was made to the DPP to charge him.
But the DPP, upon perusal of the file, said there was insufficient evidence to warrant the judge's prosecution. He consequently ordered the file closed.
Omari says the DPP directly protected the judge and other prominent persons involved in the murder.
“It is unjust and unfair for the instant proceedings to continue in her absence or to exclude her from the instant proceedings. The constant publication of information relating to the matter without the input of the victims of the alleged offence is condescending to the place of the victim in the justice process.”
Gabrielle says she is concerned about the controversy in the instant court proceedings and unless the court entertains the instant application and gives the appropriate directions, the victims' voices will be unlawfully muzzled.
She adds that as a victim of the ridiculous murder that threatens the diplomatic relations between Kenya and the Netherlands, there is a feeling that superior government officers are covering up the murder.
Omari says that through the response filed by the DCI that has been a subject of public discussion, it is public knowledge that the DCI has linked the chief suspects to the murder.
She says the DCI has mentioned Sarah Wairimu and Peter Karanja with Judge Kantai to have planned the murder and subsequent cover-up of the murder.
Judge Kantai has been linked to the case after an explosive testimony of John Gachomo, a senior DCI officer, who painted a suspicious association between the judge and Wairimu.
Gachomo has testified that Judge Kantai actively participated in the planning and cover-up of the murder. The officer alleged that the judge convened several meetings with Wairimu at different places and on different dates to plan to murder Cohen.
Cohen was murdered in 2019 and his missing body was found in an underground tank at his home in Kitisuru, Spring Valley Nairobi. His wife was charged with his murder.
-Edited by SKanyara
