The Law Society of Kenya (LSK) has come to defend the Director of Public Prosecution (DPP) Noordin Haji’s decision not to charge Court of Appeal judge Sankale Ole Kantai over the murder of Dutch tycoon Tob Cohen.
The group has said only Haji has powers to charge or not, depending on the evidence produced during investigations.
LSK president Nelson Havi said the tussle between Haji and Director of Criminal Investigations (DCI) George Kinoti over the judge is unnecessary as the latter does not have powers to charge.
“A review of the documents filed in court in Petition E334 f 2021, Justice Sankale Ole Kantai versus Inspector General of Police and others is indicative of brazen, unconstitutional and unlawful attempt by the DCI to stray, foray into the constitutional mandate of the DPP and in the process, imperil the functions of the DPP,” said Havi.
On Tueday, Cohen’s family lawyers filed a petition on behalf of his sister Gabriel Hannan Van Straten, seeking to remove Haji from office for refusing to charge the senior judge.
The DPP cleared him but Tob Cohen’s sister claims he was involved in the murder.
The sister claims that the DPP has demonstrated abuse of power and office by restraining the DCI from arresting Judge Sankale over the murder.
In response, Haji said he will reply to the allegations once Public Service Commission in accordance with Article 158 of the constitution.
However, LSK president claims the DCI is involved in the petition. He alleges that DCI are striving to control DPP on the matter.
LSK argues that, based on the Constitution, Office of the Director of Public Prosecution Act 2013 and the National Police Service Commission Act 2011 and the guidelines on the decision to charge 2019, the DCI cannot instate charges without the DPP’s permission.
According to Havi, the creation of DPP as an independent office was o offer checks and balances and to prevent abuse of power of criminal investigation.
DCI argues that the judge was involved in the murder as he constantly communicated with the tycoon’s widow Sarah Wairimu Cohen six hours after the murder of the businessman.
John Gachomo, a senior assistant Inspector General of Police based at DCI headquarters claims forensic investigations places the judge at the scene of crime.
“On of the calls between the petitioner and Sarah Wairimu Kamotho lasted for six minutes continuously. The late Tob Cohen was murdered about six hours after the suspicious communication,” argued Gachomo.
In court, Gachomo also claims the judge illegally transferred Cohen shares and allegedly helped Wairimu change her statement. But the DPP says the evidence from DCI shows nothing to collaborate their claims.
