- Sankale has also been accused of transferring the late Silas Ita’s share in Cohen company to himself and later to Cohen’s wife, Sarah Wairimu.
- In the case filed by the judge in December, he is seeking to bar his appearance before JSC pending determination of another matter he filed in court on the same issue.
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Court of Appeal Judge Sankale Ole Kantai got a major reprieve on Tuesday after the High Court barred the Judicial Service Commission from considering two petitions seeking his removal from office.
The petitions were filed in October last year by activist Okiya Omatatah and late Tob Cohen’s sister Gabriel Van Straten who want the judge removed from office for gross misconduct.
He has been accused of transferring the late Silas Ita’s share in Cohen company to himself and later to Cohen’s wife, Sarah Wairimu.
Straten accused him of playing a role in the murder of her brother which he has not been charged with.
In a short ruling, Justice Antony Mrima stopped the JSC from hearing and determining the two petitions before it, pending the determination of the cases related to the murder of Cohen.
“Pending further orders of this court...JSC herein is hereby restrained from considering and making any decision on the petitions filed by Omtatah and Gabriel van Straten seeking the removal of Judge Sankale from office,” the court ruled.
He said that the court has since stopped the Public Service Commission from considering the petition filed against Haji on the basis of the manner in which he exercised his discretion and made a decision not to charge Judge Sankale with the murder of Cohen.
"Likewise, the petition pending before JSC for the removal of the judge from officer are based on the same substratum that is matters relating to the death of the said Cohen. There is therefore no doubt that the petition herein is related to the consolidated petitions," Mrima said.
The late Ita’s wife filed petitions before the PSC accusing Haji of incompetence and gross misconduct for refusing to charge the judge.
They claimed that even after the Directorate of Criminal Investigations boss George Kinoti provided him with all the evidence linking him to the murder he refused to charge him for lack of sufficient evidence.
Justice Mrima directed that the matter filed by Sankale to stop JSC from hearing his petitions to be consolidated with the other matters since its related to the others.
The consolidated matters include Sankale case where he wants to stop his prosecution over Cohen’s murder and DPP Noordin Haji’s petition seeking to stop PSC from considering his petitions for removal.
In the case filed by Sankale in December, he is seeking to bar his appearance before the commission pending determination of another matter he filed in court on the same issue.
He sued Inspector General of Police Hillary Mutyambai and Kinoti.
In November last year, the JSC wrote to him, asking him to appear before the panel to answer allegations made by the petitioners against him.
On November 12, 2021, the JSC summoned Sankale to appear before it in relation to the two petitions.
However, on December 1, 2021, the judge wrote to JSC, requesting it not to consider his removal from office based on mere allegations that he was involved in the Cohen murder. He said it should first hear his case suing the IG and DCI.
(edited by Amol Awuor)