- She further claimed that Mrima barred JSC from considering the petitions for the removal of Justice Sankale without giving her the opportunity to be heard through her joinder application.
- She claimed that it would be ignorant of her to expect much from the court when its openly biased and has taken a position to protect Judge Sankale and DPP Noordin Haji.
Image: FILE
Late city tycoon Tob Cohen’s sister now wants Justice Antony Mrima to recuse himself from cases touching on the murder of her brother.
Judge Mrima on Tuesday issued conservatory orders stopping the Judicial Service Commission from considering petitions filed seeking removal of Justice Sankale Ole Kantai from office over his alleged involvement in Cohen’s murder.
Gabriel Van Straten, through lawyer Danstan Omari, argued that there is suspicion and belief that Justice Mrima’s court will be biased as has been demonstrated by recent rulings he has made.
“Recent rulings demonstrate the strenuous relationship between the court and the DCI as is the case in the Wanjigi ruling where it is perceived that the court is coming to the aid of Wanjigi as a way of humiliating [DCI boss George] Kinoti ,” she said.
Straten also claimed that on Tuesday this week Justice Mrima barred JSC from considering the petitions for the removal of Justice Sankale without giving her the opportunity to be heard through her joinder application.
“These recent events confirm my fears that there is a deliberate attempt by this court to give succour to Judge Sankale so that he does not pay for his crimes and misdeed that not only involve his intermeddling with the estate of Silas Ita, [but] his unholy relationship with my once sister-in-law and the murder of my brother,” the affidavit states.
She further said she has lost confidence in the court on its open bias and disregard to her participation in matters that she is involved in and touching on the murder of her late brother.
“I am convinced that this court is respectfully only going through the motions and the petitioner is already assured of an outcome that will protect him from accountability through the assistance of this court,” Straten said.
She claimed that it would be ignorant of her to expect much from the court when its openly biased and has taken a position to protect Judge Sankale and DPP Noordin Haji who is also enjoying orders that bar the Public Service Commission from ever considering any petition for his removal.
“This court has metamorphosed into a court of injunctive through its unequivocal orders that seek to protect Judge Sankale who is a suspected murderer of the late Cohen and has further appeared angered and irritated by DCI in a manner that may ultimately interfere with objectivity of the court,” Straten added.
Straten said she lost her brother through unnatural causes of death and the court has not for once considered the grief and agony that she went through and the pain that her deceased brother suffered in the hands of the persons who tortured him and left him dead.
(edited by Amol Awuor)