Omtatah files petition at JSC seeking removal of Justice Kantai
Court of Appeal judge Justice Sankale Ole Kantai troubles deepens after a petition was filed at Judicial Service Commission seeking his removal as a judge.
The petition by Human activist Okiya Omtatah wants the removal of the appellate court judge over the saga surrounding the murder of Dutch tycoon Tob Cohen.
Omtatah says Justice Sankale is not eligible to continue serving as a judge.
"The Judicial Service Commission be pleased to initiate the necessary procedures for the removal of Hon. Justice Sankale Ole Kantai for breach of the oath of office and gross misconduct and/or misbehaviour incompatible with the status of a Judge of the Court of Appeal of Kenya," the petition reads.
The activist has relied on the affidavit filed in High court by the DCI last week accusing the judge of fraudulently transferring share in late Tob Cohen’s company to himself when he was in private practice onApril 29, 1999, and later he had transferred the same share to Sarah Wairimu Kamotho on May 2, 2002.
Omatatah claims that the actions by the Judge is a serious allegation amounting to gross misconduct.
However, Justice Sankale has been accused of concealing the information of his alleged fraudulent actions from JSC when he applied for and was recruited for appointment by the JSC as a judge.
“Had this information been disclosed, the Hon. Justice Sankale Ole Kantai would have been found to be ineligible for appointment as a Judge,” Omtatah says in the petition filed at JSC.
Justice Sankale is also accused of gross misconduct and misbehaviour for abusing his all-important position of judge to frustrate investigations into the murder of Cohen.
"The affidavit by the DCI also demonstrated that Judge Kantai obstructed police criminal investigations into the murder of Cohen by editing Wairimu’s statement to the police regarding the disappearance of her husband and allegedly facilitating her preferential treatment by Courts of law," Omtatah says.
The activist says that the actions of the judge are contrary to the provisions of Chapter Six of the Constitution on leadership and integrity.
“The actions of the learned judge amount to gross misconduct and/or misbehaviour to the extent that it constitutes the failure of the learned judge to uphold the rule of law, both while in private practice as an Advocate of the High Court of Kenya, and now as a Judge of the Court of Appeal,” he added.
Omtatah further avers that Judge Sankale has brought the Judiciary into disrepute, and if he is left unpunished it will set a bad and dangerous example for other judges who may adopt similar actions to advance personal interests to the detriment of the rule of law.
"The learned Judge has irreparably and grossly misconducted himself and cannot continue serving in the position of Judge," the activist says.
The petition before JSC comes days after last week on Tuesday Sankale obtained stopping Inspector General of police Hilary Mutyambi and Director of Criminal Investigations George Kinoti from arresting or charging him over the death of a murdered Dutch businessman.
"Pending hearing and determination of the Application interpartes, a temporary injuction is issued restraining the Respondents' from re-arresting the Petitioner and charging him in court on matters arising from the murder investigations of Tob Cohen without the express and written permission of the DPP," orderd judge Antony Mrima
The judge sought to stop his arrest and prosecution after the DCI through John Gachomo, a senior assistant Inspector General of Police filed a detailed affidavict in court revealed how judge Sankale fully participated in murder of Cohen by helping her Mistress Wairimu to cover up.
Gachomo says the judge held several secret meetings with Wairimu where they planned on how to murder Cohen whose body was found inside his compound in a septic tank at his Kitusuru Estate and later cover up the same.
According to investigations conducted by DCI claims justice Sankale has been linked to the murder of the businessman using telecommunication coversation between him and cohen's widow Wairimu.
