- Justice Antony Mrima allowed the application by Straten and another application by Grace Ita, who is the widow of Ita.
- Kantai obtained orders barring his arrest or prosecution in relation to the murder and fraudulent transfer of Cohen’s business partner Silas Ita’s share.
Image: COURTESY
The High Court has allowed an application by the late Tob Cohen's sister, Gabriel Van Straten, to be enjoined in a petition filed by Justice Sankale ole Kantai.
The judge wants to stop his prosecution for Cohen’s murder.
Kantai moved to court seeking to stop his prosecution by the DPP or arrest by the DCI on claims by police that he participated in the murder.
Kantai obtained orders barring his arrest or prosecution in relation to the murder and the fraudulent transfer of Cohen’s business partner Silas Ita’s share when he was in private practice.
The DCI has claimed the judge transferred to himself Ita's share when he died and later to Sarah Wairimu, Cohen’s wife.
In his ruling on Monday, Justice Antony Mrima allowed the application by Straten and another application by Grace Ita, who is the widow of Ita.
Through lawyer Danstan Omari, Straten had made an application before the court seeking to be enjoined in the case, arguing that the matter before court affects them as a family.
Straten argued it was important that the family be made part of the proceedings in which the judge has obtained orders to stop his arrest and possible prosecution.
She said she was concerned about the controversy in the court proceedings and unless the court entertained her application and gave the appropriate directions, the victims' voices would be unlawfully muzzled.
According to court records, Straten is a victim of the murder that threatens diplomatic relations between Kenya and the Netherlands as there is a feeling that superior government officers are covering up the murder.
She said the DCI has mentioned Wairimu and Peter Karanja, with judge Kantai said to have planned the murder and subsequent cover up.
Grace also filed an application for joinder through lawyer Jeniffer Kilonzo as the administrator of her late husband’s estate.
According to court records, her husband was a good friend and business partner to Cohen in Tobs Ltd.
She claimed the DCI has linked judge Kantai to the transfer of one share in Tobs Ltd by the judge and to planning the murder of Cohen.
“Naida, who is a victim of the criminal conduct of the judge, is concerned about the controversy in the instant court proceedings and that unless the court entertains the application, the victim's voices will be unlawfully muzzled,” the application reads.
Edited by Henry Makori